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Justices stand firm on Barnes decision

September 20, 2011
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The Indiana Supreme Court has revisited a ruling it made four months ago in Richard Barnes v. State, affirming its initial holding that residents do not have a common law right to resist police in any situation.

A decision with an opinion came down at 10 a.m. Tuesday, with the justices granting a rehearing request and reaffirming the court’s May 12 decision. That 3-2 ruling held that Indiana no longer recognizes a common law right to resist in any situation. Justice Robert Rucker dissented on the merits as he had previously, while Justice Brent Dickson concurred in result. Chief Justice Randall Shepard and Justices Steven David and Frank Sullivan upheld the holding affirming Barnes’ conviction.

In its newest ruling, Justice David writes that the state’s 2006-enacted castle doctrine statute is not a defense to battery or any violence against a police officer.

This story will be updated.
 

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