Legal Opinion

South Bend Tribune v. Elkhart Circuit Court

Indiana Court of Appeals

Decided January 16, 1998No. 20A03-9709-CR-339PublishedCited by 10 opinions

1Opinion of the Court

OPINION

GARRARD, Judge.

The South Bend Tribune, WSBT-TV, WSBT-Radio, the Elkhart Truth, and WTRC. (collectively “Media”) appeal the trial court’s denial of its motion to quash the gag order placed on the trial participants in a local murder trial, claiming the gag order was an impermissible prior restraint upon their First Amendment rights.

We affirm.

FACTS

The gag order at issue here was initially issued on July 16,1997 by Judge Gene Duffin to prevent the participants in the murder retrial 1 of Ricky Joyner (“Joyner”) from speaking with the media. 2 Shortly after Judge Duffin entered the gag…

2Cases cited5 opinions

  1. Nebraska Press Assn. v. StuartSupreme Court of the United States · 1976
  2. Joyner v. StateIndiana Supreme Court · 1997
  3. Shourek v. StirlingIndiana Supreme Court · 1993
  4. Smith v. StateIndiana Court of Appeals · 1992
  5. United States v. SimonCourt of Appeals for the Second Circuit · 1988

3Cited by10 opinions

  1. Boczar v. Meridian Street FoundationIndiana Court of Appeals · 2001
  2. Francis v. StateIndiana Court of Appeals · 2002
  3. Brian Russell v. State of IndianaIndiana Court of Appeals · 2013
  4. In Re Benton, Texas Court of Appeals, 14th District (Houston)2007
  5. WXIA-TV v. StateSupreme Court of Georgia · 2018

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