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Barnes-inspired legislation passes Senate on 3rd reading

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The legislation created in response to a controversial Indiana Supreme Court ruling last year regarding defending against unlawful entry was approved 45-5 by the Senate on third hearing Monday.

The introduced version of Senate Bill 1 was prepared by the Legislative Council Barnes v. State Subcommittee last summer. The bill allows a person to resist the unlawful entry into a dwelling by a law enforcement officer under certain conditions. Legislators decided to take a look at Indiana law after the Supreme Court ruled in Barnes v. State that the right to reasonably resist an unlawful police entry into a home is no longer recognized under state law.

Senate Bill 32, which deals with guardianship of a minor who hasn’t been adjudicated an incapacitated person, is also before the House Monday on third reading.

Senate Bill 286, which deals with various matters involving the Department of Child Services; and Senate Bill 18, which changes the duty to provide child support to stop when the child turns 19 instead of 21, with educational need exceptions, are before the House Monday on second reading.

The House Judiciary Committee met Monday morning to discuss four bills: HB 1049 on problem solving courts; HB 1092 on adding a Johnson Superior Court judge; HB 1206 on third-party lawsuit lending; and HB 1133 on rights of publicity.

On Tuesday, the Senate Tax and Fiscal Policy Committee will meet at 8:30 a.m. to discuss several bills, including SB 293 on changes to the inheritance tax. At 9:30 a.m., the Senate committee on Corrections, Criminal and Civil Matters will discuss five bills: SB 234 on synthetic drugs; SB 97 on public intoxication; SB 376 on the discharge of long-term inmates; SB 347 on marijuana offenses; and SB 96 on theft.

The Senate Judiciary Committee will meet Wednesday to hear nine bills, including SB 235 on a pro bono legal services fee; SB 246 on lab technician testimony in criminal cases; and SB 152, which adds a second full-time magistrate judge in Allen Circuit Court.

To view the status of legislation, visit the General Assembly’s website.

 

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  • REASONABLE RESISTENCE TO LAW ENFORCEMENT IS AN ILLUTION.
    Allowing reasonable resistance to law enforce is not a workable concept. Any resistance would be met with greater force, and the likelihood of serious injury to an officer or to a citizen would be increased. Leave the remedy to be worked out by the courts are all facts are known.

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  1. I'm not sure what's more depressing: the fact that people would pay $35,000 per year to attend an unaccredited law school, or the fact that the same people "are hanging in there and willing to follow the dean’s lead in going forward" after the same school fails to gain accreditation, rendering their $70,000 and counting education worthless. Maybe it's a good thing these people can't sit for the bar.

  2. Such is not uncommon on law school startups. Students and faculty should tap Bruce Green, city attorney of Lufkin, Texas. He led a group of studnets and faculty and sued the ABA as a law student. He knows the ropes, has advised other law school startups. Very astute and principled attorney of unpopular clients, at least in his past, before Lufkin tapped him to run their show.

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  4. Aristotle said 350 bc: "The most hated sort, and with the greatest reason, is usury, which makes a gain out of money itself, and not from the natural object of it. For money was intended to be used in exchange, but not to increase at interest. And this term interest, which means the birth of money from money, is applied to the breeding of money because the offspring resembles the parent. Wherefore of an modes of getting wealth this is the most unnatural.

  5. Oh yes, lifetime tenure. The Founders gave that to the federal judges .... at that time no federal district courts existed .... so we are talking the Supreme Court justices only in context ....so that they could rule against traditional marriage and for the other pet projects of the sixties generation. Right. Hmmmm, but I must admit, there is something from that time frame that seems to recommend itself in this context ..... on yes, from a document the Founders penned in 1776: " He has refused his Assent to Laws, the most wholesome and necessary for the public good."

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