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Court addresses Barnes retroactivity

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The Indiana Court of Appeals added a new dimension to the debate about police entry and reasonable resistance, with a three-judge panel for the first time bringing up the issue of retroactivity as applied to the state justices’ controversial ruling in Barnes v. State.

With a ruling Wednesday in Danielle Garrett v. State of Indiana, No. 49A02-1101-CR-1, the intermediate appellate court affirmed an Indianapolis woman’s convictions of resisting law enforcement and battery on a police officer and refused an invitation to revisit the Barnes case that the Indiana Supreme Court ruled on in May and clarified in September on rehearing.

In this Marion County case, an Indianapolis Metropolitan Police Department officer arrested Danielle Garrett in August 2010 after responding to a report of domestic violence at a home. The officer arrived and saw Garrett angrily walking from a nearby intersection toward the house where the report came from, muttering under her breath. She was identified as one of the individuals involved in the disturbance.

The uniformed officer told Garrett to stay outside, but she ignored the command and walked inside the house. The officer believed she was going to start a fight, and so he followed Garrett inside after observing her yelling and screaming at family members inside and refusing to leave. The officer grabbed her by the wrist and told her to go outside, but Garrett pulled away and went farther into the house. Additional officers arrived and she started yelling more loudly as they tried to calm her, and when one officer tried to place her in handcuffs, Garrett took an aggressive fighting stance and then struggled with the officer and kneed him in the upper thigh.

The officers eventually subdued and put restraints on Garrett, and that led to charges of resisting law enforcement, battery on an officer and disorderly conduct. She was found guilty of battery on an officer and resisting law enforcement at a bench trial in December 2010.

Garrett appealed, arguing that evidence doesn’t support her conviction because she has a right to reasonably resist the police because they entered her home without a warrant and without any other justifiable reason for entry. Specifically, Garrett took issue with the Barnes ruling where the Indiana Supreme Court held “there is no right to reasonably resist unlawful entry by police officers.” She also argued that Barnes should not be applied retroactively to her case – she filed her appellant’s brief at the time a rehearing petition before the Indiana Supreme Court was pending following the original May 12 ruling.

The Court of Appeals found the entry was justified because of Garrett’s conduct and the uncertain nature of what was happening, as well as how she at one point asked police why they were talking to her inside the home instead of investigating others – something the appellate panel described as “clearly acquiesced” to them being there to investigate someone she believed was in the bathroom. Her resistance is separate from the issue of entry, the court wrote, and so her claims are without merit because that behavior wasn’t reasonable even if the police entry wasn’t lawful.

“Given that Garrett has failed to establish an unlawful entry and our conclusion that her resistance was not reasonable, the rule announced in Barnes is not applicable to the present case,” Judge Ezra Friedlander wrote. “Notwithstanding, the Barnes decision does not present an ex post facto problem in this case. It has long been established that battery against a police officer is not reasonable resistance under the common law.”

Citing Robinson v. State, 814 N.E.2d 704 (Ind. Ct. App. 2004), Friedlander noted that “even prior to Barnes, Garrett’s conduct in forcefully combating the officer(s) after she acquiesced in their presence in her home was unlawful.”

In a footnote, Friedlander wrote that the panel declined Garrett’s request to reconsider the Supreme Court’s holding in Barnes. Judges Carr Darden and Nancy Vaidik agreed in affirming the ruling by Marion Superior Judge Rebekah Pierson-Treacy and Magistrate Steven Rubick.

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  1. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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