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Ind. Gov't. - PAC opinion re access to audio recordings of grand jury

Daniel Brewington, an Ohio resident who, per this Sept. 11, 2013 IndyStar story, "was convicted in 2011 of intimidation of a judge, attempted obstruction of justice and perjury for comments he wrote on a blog about the Dearborn County judge...

Posted in The Indiana Law Blog on April 20, 2016 01:38 PM

Ind. Courts - Amicus Briefs in Indiana: Rare but Welcomed and Impactful

Commentary by Joel Schumm, professor at Indiana University's Robert H. McKinney School of Law Imagine you are an Indiana Supreme Court justice faced with a stack (yes, we’re still waiting on electronic filing) of briefs in about 20 cases for...

Posted in The Indiana Law Blog on December 19, 2014 02:36 PM

Courts - "Do Online Death Threats Count as Free Speech?"

The ILB has written before about Anthony D. Elonis v. United States, now pending SCOTUS oral argument, which bears some similarities to Indiana's Brewington v. State "true threats" case. Here now is a quote from a long article that will...

Posted in The Indiana Law Blog on November 26, 2014 10:39 AM

Ind. Courts - Some Highlights of the Indiana Supreme Court’s 2013-14 Annual Report

Commentary by Joel Schumm, professor at Indiana University's Robert H. McKinney School of Law Just about two and a half months after the Indiana Supreme Court’s fiscal year ended, the Court released its annual report Thursday morning. Last year’s...

Posted in The Indiana Law Blog on September 19, 2014 08:00 AM

Ind. Decisions - Supreme Court rules on Brewington's petitions for rehearing and recusal

Updating this ILB post from June 9th, which includes links to the 18-page petition for rehearing and the 36-page motion for disqualification of Justice Rush, both filed by Daniel Brewington, acting pro se, today the Supreme Court has posted...

Posted in The Indiana Law Blog on August 1, 2014 11:08 AM

Ind. Courts - Second Quarter Indiana Supreme Court Cases: More Unanimity, Fewer Court of Appeals’ Reversals

Commentary by Joel Schumm, professor at Indiana University's Robert H. McKinney School of Law The Indiana Supreme Court issued opinions in 12 civil cases and 17 criminal cases between April 1 and June 30. The two tables below include...

Posted in The Indiana Law Blog on July 30, 2014 12:30 PM

Courts - SCOTUS today grants cert in "true threat" case

The case is Anthony D. Elonis v. United States. Here is the cert petition, via this April 8th post by Michelle Olsen on Appellate Daily, headed "Facebook Case Tests Scope of ‘True Threat.’". Olsen's post begins:A man convicted of making...

Posted in The Indiana Law Blog on June 16, 2014 09:48 AM

Ind. Decisions - More on "Blogger Wants Ind. Supreme Court To Reconsider His Case, With One Less Justice"

Updating this ILB post from June 9th, this morning the Brewington docket shows the follow new entries: Chronological Case Summary 06-02-2014 NOTICE OF APPEARANCE BY DANIEL P. BREWINGTON, PRO SE APPELLANT(2) CERTIFICATE OF SERVICE (2) MAIL 06/02/14 ENTERED ON...

Posted in The Indiana Law Blog on June 12, 2014 09:29 AM

Ind. Decisions - "Blogger Wants Ind. Supreme Court To Reconsider His Case, With One Less Justice"

Mike Perleberg of Eagle County Online has a story this afternoon reporting that Dan Brewington has filed a motion for a rehearing with the Supreme Court. Some quotes:(Indianapolis, Ind.) – An internet blogger who served more than two years in...

Posted in The Indiana Law Blog on June 9, 2014 05:10 PM

Ind. Decisions - New entry on Brewington docket

The Daniel Brewington docket has this new entry:05-23-2014 APPELLANT'S MOTION TO WITHDRAW APPEARANCE (2) CERTIFICATE OF SERVICE (2) BY MAIL 05/23/14. **ATTYS. MICHAEL SUTHERLIN AND SAMUEL ADAMS** ENTERED ON 05/28/14 MC...

Posted in The Indiana Law Blog on May 30, 2014 10:21 AM

Ind. Decisions - Should we anticipate a petition for rehearing in Brewington v. State?

Referencing the trial transcript, Dan Brewington, of Brewington v. State (May 1, 2014), is asserting in his blog that the Indiana Supreme Court's opinion is in error when it states “And Defendant had also demonstrated mental disturbance, volatility, violence, and...

Posted in The Indiana Law Blog on May 22, 2014 09:49 AM

Ind. Law - Shouldn't Unconstitutional Statutes be Repealed?

Commentary by Joel Schumm, professor at Indiana University's Robert H. McKinney School of Law According to a recent USA Today article, more than a decade after the U.S. Supreme Court held it was unconstitutional to prohibit consensual sex between...

Posted in The Indiana Law Blog on May 7, 2014 11:32 AM

Ind. Decisions - Transfer list for week ending May 2, 2014 [Updated]

[Search all the Transfer Lists: The ILB feature, "Search the ILB Transfer Lists," allows you to do just that, back to Feb. 2004. Check it out. Read the instructions. Note that the search is now current through the Dec. 20,...

Posted in The Indiana Law Blog on May 5, 2014 09:28 AM

Ind. Decisions - "Supreme Court Rules In Blogger’s Judge Intimidation Case"

Mike Perleberg of Eagle County 99.3 FM, the media outlet that has covered the Daniel Brewington story from the beginning, has this story this afternoon on today's Supreme Court decision in Brewington v. State....

Posted in The Indiana Law Blog on May 1, 2014 03:30 PM

Ind. Decisions - More on: Supreme Court decides Brewington case, distinguishes between protected speech and unprotected true threats [Updated]

Updating this ILB post from this morning, Eugene Volokh has posted a summary of the opinion as it relates to the intimidation charge, which he briefed and argued on behalf of amici. Volokh concludes:I am glad that the Indiana Supreme...

Posted in The Indiana Law Blog on May 1, 2014 01:20 PM

Ind. Decisions - Supreme Court decides Brewington case, distinguishes between protected speech and unprotected true threats

In Brewington v. State, a 35-page, 5-0 opinion, Justice Rush writes:The United States and Indiana constitutions afford sweeping protections to speech about public officials or issues of public or general concern, even if the speech is intemperate or caustic. But...

Posted in The Indiana Law Blog on May 1, 2014 10:38 AM

Ind. Decisions - Expect a decision today in Brewington v. State

The Indiana Supreme Court heard oral argument in the case of Brewington v. State on Sept. 12, 2013. Brewington was/is a blogger and one of the issues involved the First Amendment. See this post from Sept. 11, 2013 for some...

Posted in The Indiana Law Blog on May 1, 2014 09:44 AM

Ind. Decisions - Analysis of the Indiana Supreme Court’s First Quarter Opinions (Criminal Cases)

Commentary by Joel Schumm, professor at Indiana University's Robert H. McKinney School of Law Has the unanimity that marked the first year of the newly comprised Indiana Supreme Court continued? Is a year an unusually long time to wait...

Posted in The Indiana Law Blog on April 11, 2014 02:45 PM

Ind. Law - Catching up after long weekend?

If you are just getting back to the ILB after the weekend, there were a number of good posts, including this post from this weekend on whether the Indiana Supreme Court's legislative requests to the General Assembly this year were...

Posted in The Indiana Law Blog on January 21, 2014 08:45 AM

Courts - Blogger/Law Prof Eugene Volokh winning attorney in 1st amendment case for defendant blogger

On Friday Prof. Eugene Volokh of The Volokh Conspiracy posted this entry which is titled "Bloggers = Media for First Amendment Libel Law Purposes" and begins:So holds today’s Obsidian Finance Group v. Cox (9th Cir. Jan. 17, 2014) (in which...

Posted in The Indiana Law Blog on January 20, 2014 09:51 AM

Ind. Courts - "Appellate Clerk Cracking Down on Single-Spacing in Briefs and Motions"

Commentary by Joel Schumm, professor at Indiana University's Robert H. McKinney School of Law The Appellate Rules detail a number of requirements for appellate briefs, including acceptable fonts, page numbering, colors of covers, and so on. Non-conforming briefs are marked...

Posted in The Indiana Law Blog on September 23, 2013 09:10 AM

Ind. Courts - Eugene Volokh on the State v. Brewington Oral Argument

Eugene Volokh posts a gracious note about his time in Indy the past few days participating in the State v. Brewington oral argument and surrounding events. See this ILB post from Sept. 11 for more on the oral argument....

Posted in The Indiana Law Blog on September 13, 2013 11:57 AM

Ind. Courts - "Supreme Court Considering Blogger's Appeal"

Here is Mike Perleberg's Eagle County 99.3 FM coverage of this morning's Supreme Court oral argument in Brewington v. State. See also this post from earlier today....

Posted in The Indiana Law Blog on September 12, 2013 03:45 PM

Ind. Courts - "An internet blogger is out of prison, but is still appealing his conviction to the Indiana Supreme Court"

Mike Perleberg of Eagle County 99.3 FM, which has covered the Daniel Brewington story from the beginning, has this story this morning about the oral argument that begins at 9 AM. See this ILB entry for further details....

Posted in The Indiana Law Blog on September 12, 2013 08:48 AM

Ind. Courts - Brewington blogger/first amendment case to be argued at 9 am tomorrow before Supreme Court

See listing here in the ILB's "Upcoming Oral Arguments", which includes links to the briefs and to earlier posts. Watch the oral argument here at 9 am, or later, archived. One hour has been set aside for this oral argument....

Posted in The Indiana Law Blog on September 11, 2013 05:16 PM

Ind. Decisions - Upcoming oral arguments this week and next

This week's oral arguments before the Supreme Court (week of 9/9/13): Thursday, September 12 9:00 AM - Daniel Brewington v. State of Indiana (15A01-1110-CR-550) - Following a jury trial in the Dearborn Superior Court, Brewington was convicted of intimidation,...

Posted in The Indiana Law Blog on September 9, 2013 07:14 AM

Ind. Decisions - Upcoming oral arguments this week and next

This week's oral arguments before the Supreme Court (week of 9/2/13): Thursday, September 2 9:00 AM - Indiana Gas Company, Inc. v. Indiana Finance Authority (93S02-1306-EX-407) - The Indiana Utility Regulatory Commission approved a contract between the Indiana Finance...

Posted in The Indiana Law Blog on September 3, 2013 08:47 AM

Ind. Courts - Some Highlights of the Indiana Supreme Court’s Oral Argument Calendar

Commentary by Joel Schumm, professor at Indiana University's Robert H. McKinney School of Law A June 13 post noted the Indiana Supreme Court has scheduled 20 oral arguments between September 5 and December 5 — two on almost every Thursday...

Posted in The Indiana Law Blog on August 2, 2013 09:44 AM

Ind. Courts - Well, it just doesn't sound right to us Hoosiers!

Eugene Volokh (UCLA prof) has an amusing post today that starts:When writing the Brewington amicus brief, which we filed before the Indiana Supreme Court, I used the term “Indianan” in my first draft. Yes, I’d heard of “Hoosier,” but I...

Posted in The Indiana Law Blog on July 31, 2013 09:31 AM

Ind. Decisions - Another Court of Appeals "Panel Per Curiam" opinion

A reader has written to point out another (and perhaps the only other) Court of Appeals "Panel Per Curiam" opinion. It was the 17-page, NFP July 20, 2010 opinion in Daniel Brewington v. Melissa Brewington. I had never looked at...

Posted in The Indiana Law Blog on July 2, 2013 04:48 PM

Ind. Courts - More on: Compare Ind. case involving Dearborn County judge and fed. case involving 7th Cir. judges

Updating this ILB post from yesterday, How Appealing now has another post (here was the first) on the 2nd Circuit opinion in United States v. Turner issued yesterday, re threats against three 7th Circuit judges. Among the links given is...

Posted in The Indiana Law Blog on June 22, 2013 04:47 PM

Ind. Courts - Compare Ind. case involving county judge and fed. case involving 7th Cir. judges

See this How Appealing post and compare to Brewington case pending before the Indiana Supreme Court. The post begins:"On June 2, 2009, Harold Turner published a blog post declaring that three Seventh Circuit judges deserved to die for their recent...

Posted in The Indiana Law Blog on June 21, 2013 02:45 PM

Ind. Courts - Are pre-transfer oral arguments becoming the new norm for the Supreme Court?

Of the twenty cases set for oral argument yesterday by the Supreme Court for the upcoming for September to December period, six are cases in which transfer has not yet been granted. In several recent posts, Prof. Joel Schumm has...

Posted in The Indiana Law Blog on June 14, 2013 11:58 AM

Ind. Decisions - Transfer list for week ending June 7, 2013

[Search all the Transfer Lists: The ILB feature, "Search the ILB Transfer Lists," allows you to do just that, back to Feb. 2004. Check it out. Read the instructions. Note that the search is now current through the April 12,...

Posted in The Indiana Law Blog on June 10, 2013 10:37 AM

Ind. Courts - More on "Indiana Supreme Court Agrees to Hear Oral Arguments in Brewington"

Updating this ILB entry from June 7th, EAGLECOUNTRY 99.3FM has a story today - a few quotes:(Lawrenceburg, Ind.) - A jailed blogger who targeted a Dearborn County judge with his internet writings will have his appeal heard by the Indiana...

Posted in The Indiana Law Blog on June 10, 2013 10:16 AM

Catch-up: What did you miss over the weekend from the ILB?

From Sunday, June 10, 2013: Ind. Courts - More on: If a justice is going to recuse him/her self, should that be announced when review is granted? [Updated at 6:30 PM] Environment - National Park Service to continue with...

Posted in The Indiana Law Blog on June 10, 2013 08:41 AM

Ind. Courts - "Indiana Supreme Court Agrees to Hear Oral Arguments in Brewington"

The ILB was holding off on this, as nothing has yet been officially entered on the docket. But meanwhile, Prof. Volokh at The Volokh Conspiracy has posted the word that the Indiana Supreme Court "will hear oral argument — likely...

Posted in The Indiana Law Blog on June 7, 2013 03:11 PM

Ind. Courts - Transfer Grants in Criminal Cases, A Summer Break, and Brewington Speculation

Commentary by Joel Schumm, professor at Indiana University's Robert H. McKinney School of Law Transfer Grants in Criminal Cases Someone recently asked me if the Indiana Supreme Court was granting transfer more frequently in petitions filed by the State in...

Posted in The Indiana Law Blog on May 8, 2013 09:09 AM

Ind. Decisions - Is today the day for a transfer decision in Brewington?

Joel Schumm, professor at Indiana University's Robert H. McKinney School of Law, writes:The online docket shows the Brewington case was transmitted on transfer on March 26. The Court is meeting in its weekly conference today after hearing oral arguments in...

Posted in The Indiana Law Blog on April 11, 2013 10:57 AM

Ind. Decisions - Still more on the blogger Daniel Brewington appeal

At the end of this ILB entry from March 13th, which collected links to the filings in the Brewington appeal, the ILB wrote:So where are we now in the process? According to Prof. Schumm: As the State filed its response...

Posted in The Indiana Law Blog on April 4, 2013 09:09 AM

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...

Posted in The Indiana Law Blog on March 13, 2013 09:00 AM

Ind. Decisions - "Wide range of free speech advocates ask Supreme Court to review jailed blogger's case" [Updated]

Updating a long list of ILB entries, going back two years to March 11, 2011, Tim Evans of the Indianapolis Star has a long front-page story today headed "Wide range of free speech advocates ask Supreme Court to review jailed...

Posted in The Indiana Law Blog on February 25, 2013 09:22 AM

Ind. Decisions - More on the Brewington appeal, plus links to certain grand jury transcripts

Supplementing this ILB post of Feb 18th, and this one from Feb. 19th, the Fort Wayne Journal Gazette plays catch-up to SE Ind's EagleCountry 99.3FM with this editorial column today. Dan Brewington's Blog today has a post titled "Looking at...

Posted in The Indiana Law Blog on February 21, 2013 02:16 PM

Ind. Decisions - More on: Petition to transfer filed in Brewington, along with amicus brief with many signatories

Updating this ILB entry from yesterday, those following the Brewington case may be interested in Dan Brewington's blog. Among other things, it includes a link to Brewington's petition to transfer....

Posted in The Indiana Law Blog on February 19, 2013 12:48 PM

Ind. Decisions - Petition to transfer filed in Brewington, along with amicus brief with many signatories

Updating this ILB entry from Jan. 31st, and several earlier ILB entries posted under the heading "Blogger Jailed; Allegedly Threatened Dearborn Judge", EagleCountry 99.3FM, which has been closely following this story from the beginning, posts today:(Rising Sun, Ind.) – A...

Posted in The Indiana Law Blog on February 18, 2013 09:24 AM

Ind. Decisions - COA decision in Brewington engenders national interest

UCLA Law Prof Eugene Volokh of The Volokh Conspiracy has just posted again on the Jan. 17th Ind. COA opinion in Brewington v. State. Here is his Jan. 22nd post. The ILB has had a number of posts on this...

Posted in The Indiana Law Blog on January 31, 2013 03:56 PM

Ind. Courts - Still more on "Blogger Jailed; Allegedly Threatened Dearborn Judge"

Updating this ILB entry from Jan. 21st, Eugene Volokh of The Volokh Conspiracy late this afternoon posted an entry on our Indiana Court of Appeals' opinion in Daniel Brewington v. State of Indiana. The long post is headed "Harshly Criticizing...

Posted in The Indiana Law Blog on January 22, 2013 06:43 PM

Ind. Courts - More on "Blogger Jailed; Allegedly Threatened Dearborn Judge"

Updating this ILB entry from April 28, 2011, the COA on Jan. 17th, in a 44-page opinion, Daniel Brewington v. State of Indiana, ruled on an appeal of Mr. Brewington's conviction. Today EagleCounty 99.3 has a report on the opinion,...

Posted in The Indiana Law Blog on January 21, 2013 02:36 PM

Ind. Decisions - Court of Appeals issues 3 today (and 5 NFP)

For publication opinions today (3): Steven A. Ballaban v. Bloomington Jewish Community, Inc., a/k/a Congregation Beth Shalom, Paul Eisenberg, Judith Rose, Sarah Wasserman, Lynne Foster Shifriss, and Roberta "Didi" Kerler In Kyle W. Dixon v. Ara J. Dixon , an...

Posted in The Indiana Law Blog on January 17, 2013 11:33 AM

Ind. Courts - Use of Notices of Additional Authority

Commentary by Joel Schumm, professor at Indiana University's Robert H. McKinney School of Law Notices of Additional Authority: Is there really no deadline? According to Appellate Rule 48: “When pertinent and significant authorities come to the attention of a party...

Posted in The Indiana Law Blog on November 26, 2012 04:26 PM

Ind. Decisions - Upcoming oral arguments this week and next

This week's oral arguments before the Supreme Court (week of (11/19/12): Wednesday, November 21st (Note that Justice Loretta Rush will be hearing oral arguments today for the first time.) 9:00 AM - Teresa Meredith et al. v. Mitch Daniels,...

Posted in The Indiana Law Blog on November 19, 2012 08:31 AM

Ind. Decisions - Upcoming oral arguments this week and next

This week's oral arguments before the Supreme Court (week of (11/12/12): No oral arguments currently scheduled. Next week's oral arguments before the Supreme Court (week of (11/19/12): Wednesday, November 21st (Note that Justice Loretta Rush will be hearing oral...

Posted in The Indiana Law Blog on November 12, 2012 09:36 AM

Ind. Courts - "Blogger Jailed; Allegedly Threatened Dearborn Judge"

That was the first story from Eagle County News, on March 11th. Some quotes from the beginning of the long story:(Lawrenceburg, Ind.) - A Norwood, Ohio man is in jail in Dearborn County accused of Intimidating public officials through the...

Posted in The Indiana Law Blog on April 28, 2011 03:31 PM

Courts - "Blogger Jailed; Allegedly Threatened Dearborn Ohio Judge"

Eagle Country News 93.3 FM, covering SE Ind., N. Ky. add SW Ohio, reports today that a Norwood, Ohio man is in jail in Dearborn County, Ohio, accused of Intimidating public officials through the web. More from the beginning of...

Posted in The Indiana Law Blog on March 11, 2011 03:40 PM

Ind. Decisions - Court of Appeals issues 3 today (and 12 NFP)

For publication opinions today (3): In John Thomas Pontius v. State of Indiana , a 15-page opinion, Judge Bradford writes:Following a bench trial, Appellant-Defendant John Thomas Pontius appeals his convictions for five counts of Possession of Child Pornography, a Class...

Posted in The Indiana Law Blog on July 20, 2010 02:21 PM

Ind. Decisions - "Muncie annexation ruling reversed"

Yesterday's Court of Appeals opinion in Annexation of Certain Territory to City of Muncie, Indiana v. Certain Halteman Village Section I and Brewington Woods Landowners (ILB summary here), is the topic of this story by Rick Yencer in today's Muncie...

Posted in The Indiana Law Blog on October 7, 2009 08:54 AM

Ind. Decisions - Court of Appeals issues 3 today (and 8 NFP)

For publication opinions today (3): In Annexation of Certain Territory to City of Muncie, Indiana v. Certain Halteman Village Section I and Brewington Woods Landowners, a 17-page opinion, Chief Judge Baker writes:Appellant-respondent City of Muncie (Muncie) appeals the trial court's...

Posted in The Indiana Law Blog on October 6, 2009 01:04 PM

Ind. Decisions - 7th Circuit issues one Indiana decision today; ruling notes government's "win" is a tarnished one

In United States v. Randall Brewington (SD Ind., Judge McKinney), a 5-page opinion, Judge Evans writes:In early 2006, while serving a state prison sentence in Indiana, Randall Brewington received word that he had been indicted on criminal charges in...

Posted in The Indiana Law Blog on January 18, 2008 10:44 AM

Ind. Decisions - Court of Appeals issues 5 today (and 8 NFP)

For publication opinions today (5): In Leanethi Luphahla v. Marion County Sheriff's Department , a 7-page opinion, Senior Judge Barteau writes:On December 25, 2002, Luphahla was involved in an accident on Michigan Road in Indianapolis. She filed her complaint alleging...

Posted in The Indiana Law Blog on July 2, 2007 12:43 PM