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Friday, October 04, 2013

Ind. Decisions - Supreme Court amends order in Indiana Newspapers

Updating this ILB entry from Sept. 29th, the Supreme Court late yesterday filed an amended order in Indiana Newspapers, Inc. v. Jeffrey M. Miller, et al., adding this paragraph:

Previously, the Court of Appeals in In re Indiana Newspapers Inc., 963 N.E.2d 534 (Ind. Ct. App. 2012) (“Miller I”) addressed the merits of the issues before it but did not address jurisdiction. Because transfer was not sought from Miller I, it became final as to all matters directly addressed. After the trial court applied the holding in Miller I, the Appellant again appealed, but the Court of Appeals in Miller II held it did not have jurisdiction to address the Appellant’s appellate claims. The decision in Miller II does not undermine the merits determination of Miller I or diminish its precedential value.
J. Rush dissents in the amended order, as she had in the original.

Posted by Marcia Oddi on October 4, 2013 11:59 AM
Posted to Ind. Sup.Ct. Decisions