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Wednesday, March 13, 2013

Ind. Decisions - More on the blogger Daniel Brewington appeal

Updating earlier ILB posts on the Daniel Brewington Court of Appeals decision (this one from Feb. 25th has links to Brewington's petition for transfer, and the Volokh and ACLU amicus briefs in support), Attorney General Zoeller has now filed the State of Indiana's response.

The link is thanks to Prof. Eugene Volokh's post last evening, headed "Indiana Attorney General’s Office Agrees: Indiana Supreme Court Should Review the Brewington Case." Some quotes:

Yesterday, the Indiana Attorney General’s office filed its response with the Indiana Supreme Court, agreeing that the Indiana Supreme court should consider the matter, and describing the Indiana Court of Appeals decision as “overbroad.” That is very good, I think. The amici that I represent want to see the Indiana Court of Appeals decision reversed, because it broadly threatens free speech in Indiana. The AG’s position here sends the same message.

(Other parts of the AG’s position — its view that Brewington’s conviction should nonetheless be affirmed on other grounds — are, I think, mistaken; I hope to blog about this shortly, though speaking only for myself, and not for the amici.)

ILB: So where are we now in the process? According to Prof. Schumm: As the State filed its response March 11, Brewington's attorney (Sutherlin) will have 10 days to file a final reply. Then the case with transmit to the Court, which could mean a decision within about three weeks after that.

Posted by Marcia Oddi on March 13, 2013 09:00 AM
Posted to Ind. App.Ct. Decisions