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Monday, June 27, 2011

Ind. Decisions - Attorney General files Response in Barnes v. State

Here are the documents:

Here is a link to all the earlier documents, including the COA and Supreme Court opinions.

Here is today's News Release:

[June 27, 2011 ] Supporting Hoosiers’ right to resist, AG files brief in Barnes case

Zoeller: Indiana Supreme Court is urged to reconsider ruling in police entry case

INDIANAPOLIS – Arguing that citizens have the right to reasonably and nonviolently resist unlawful intrusion by police, Indiana Attorney General Greg Zoeller today filed a legal brief urging the Indiana Supreme Court to reconsider its recent ruling in the Richard L. Barnes v. State case.

The defense recently filed a petition for rehearing. Though the Attorney General’s Office represents the prosecution on appeal and prevailed in the earlier ruling, Zoeller does not oppose the Court reconsidering the Barnes case. Because of legal concerns that the Indiana Supreme court’s May 12 ruling was overly broad, Zoeller believes the Court should vacate it and issue a new ruling, more narrow in scope.

“I welcome a reconsideration and a more narrow ruling by the Indiana Supreme Court that would affirm the convictions of Mr. Barnes while maintaining the right of reasonable resistance of illegal entry of a citizen’s home. The longstanding common law right is one that our law enforcement clients understand and respect and has served our state well,” Zoeller said.

The Attorney General’s response recommends that the case be reconsidered -- but for different legal reasons than the defense cited.

“Indiana law permits citizens to peaceably resist efforts of law enforcement outside the home, so citizens should have no less a privilege within their homes,” the State’s brief filed today said.

It will be up to the Indiana Supreme Court to decide whether to reconsider the Barnes case – and if so, whether to conduct a new hearing or rule based on briefs both sides submitted. The Court is under no deadline to decide.

Posted by Marcia Oddi on June 27, 2011 05:15 PM
Posted to Ind. Sup.Ct. Decisions