Tuesday, September 20, 2011
Ind. Decisions - "Indiana Supreme Court rejects claim of right to resist police entry into home"
Here is Dan Carden's report for the NWI Times of today's Supreme Court decision in Barnes v. State. His story concludes:
The court appeared to narrow its earlier ruling in its four-page decision Tuesday, which granted Barnes' petition for rehearing while affirming the original outcome.
David noted police were legally entering Barnes' home at the request of Barnes' wife and therefore Barnes' shoving of a police officer cannot be justified under the Castle Doctrine.
Though, in what might be a poke back at the 71 state lawmakers who filed a petition asking the court to review its original ruling, David wrote that if the General Assembly wants to change state law to allow citizens to batter police officers it is free to do so.
Justice Robert Rucker, a Gary native, was the sole "no" vote on Tuesday's ruling.
In a brief dissent, Rucker said he wanted a more in-depth review of the legal tension between the prohibition on attacking police and a state law that authorizes citizens to use force if it is reasonably believed to be necessary to defend one's home.
Justice Brent Dickson, a Hobart native, dissented from the court's decision in May but concurred in Tuesday's result without comment.
Posted by Marcia Oddi on September 20, 2011 03:26 PM
Posted to Ind. Sup.Ct. Decisions