Regarding whether a non-party news organization can be compelled to disclose in a defamation lawsuit the identity of an anonymous commenter, the Court of Appeals adopts a modified Dendrite test requiring the plaintiff to produce prima facie evidence to support only those elements of the cause of action that are not dependent on the commenter’s identity.
Appeals
State v. Holtsclaw, No. 49A02-1108-CR-743, __ N.E.2d __ (Ind. Ct. App., Feb. 16, 2012).
State cannot appeal the denial of a motion to correct error, so that here motion to correct aimed at successful motion to suppress could not be appealed and appeal of suppression motion itself was untimely.
Bloomington Magazine, Inc. v. Kiang, No. 53A05-1012-SC-790, ___ N.E.2d ___ (Ind. Ct. App., Feb. 13, 2012).
The professional relationship between the trial court judge and attorney who served as the chairman of the judge’s election committee was not so remote in time so as to dispel the appearance of an impropriety such that a reasonable person would have a rational basis for doubting the judge’s impartiality.
Berryhill v. Parkview Hosp., No. 02A04-1108-SC-40, ___ N.E.2d ___ (Ind. Ct. App., Feb. 16, 2012).
In detaining an individual, “security guards ‘act[ed] according to’ Indiana Code Article 12-26, which governs the voluntary and involuntary treatment of mentally ill individuals, and ‘assist[ed] in the detention, care, and treatment of an individual alleged … to have a mental illness’ for purposes of Indiana Code Section 12-26-2-6(a)” and are entitled to immunity from the individual’s false imprisonment claim.
M.M. v. State, No. 26A04-1106-CR-409, __ N.E.2d __ (Ind. Ct. App., Feb. 7, 2012).
Evidence defendant grabbed victim’s buttocks was insufficient to prove the sexual battery element that victim was compelled by force or threat of force to submit to the battery.