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Editorial: Threats are inappropriate way to voice an opinion

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Indiana Lawyer Editorial

Unless you’ve been under a rock of late, you know that the Indiana Supreme Court decided Richard L. Barnes v. State on May 12.

In that case, Barnes appealed his misdemeanor convictions of battery on a law enforcement officer, resisting law enforcement, and disorderly conduct. Police were responding to a domestic violence call from Barnes’ wife; he was leaving the apartment they shared and was in the parking lot when police arrived. He went back to the apartment to get more of his belongings, and when police tried to enter the apartment, Barnes blocked their way. When an officer further attempted to enter the apartment, Barnes shoved the officer against a wall and a struggle ensued between the two.

Barnes’ counsel wanted to offer a jury instruction at trial on the right of a citizen to reasonably resist unlawful entry into the citizen’s home, but the trial court refused. The Court of Appeals reversed and remanded, and said the missing jury instruction was not harmless error.

Writing for the 3-2 majority, Justice Steven David wrote that the right to resist an unlawful police entry into a home is against public policy and incompatible with modern Fourth Amendment jurisprudence.

“Nowadays, an aggrieved arrestee has means unavailable at common law for redress against unlawful police action,” wrote Justice David, citing bail and the exclusionary rule as examples. “We also find that allowing resistance unnecessarily escalates the level of violence and therefore the risk of injuries to all parties involved without preventing the arrest — as evident by the facts of this instant case.” Chief Justice Randall T. Shepard and Justice Frank Sullivan voted with Justice David.

Much has been said and will doubtless continue to be said about this ruling. Media outlets one typically doesn’t associate with relevant discourse on such weighty matters have been heard discussing the ruling. That’s a great thing – everyone should know and talk about the decisions of our judicial system that directly impact our lives.

What we want to address here is the troubling descent into madness that has appeared alongside the reasonable discourse on the subject. Some of the discourse quickly reached the point where police were called to investigate threats, veiled and otherwise. The troubling comments come from a few people who purport to defend their own liberties and their interpretations of the Constitution at the expense of the safety of us all.

We fully support the right of people to express their opinions in support of and in opposition to the ruling. We’re staunch supporters of the First Amendment.

But instead of calling our justices names and questioning their political loyalties, advocating the purchase of large amounts of ammunition and threatening to shoot any police officer who dares to darken a doorstep, we wish those who would advocate against the ruling would take a lesson or two from our two justices who each wrote in dissent of the decision: Justices Robert Rucker and Brent Dickson, as well as the Indiana State Bar Association that responded to reaction.

Justice Dickson wrote that he would have preferred a more narrow approach. “… a more cautious revision of the common law would have, in cases not involving domestic violence, left in place the historic right of people to reasonably resist unlawful police entry in their dwellings,” he wrote.

Justice Rucker wrote that the majority’s ruling was far too broad. “There is simply no reason to abrogate the common law right of a citizen to resist the unlawful police entry into his or her home,” he wrote.

Both are forceful in their arguments, as well as eloquent and persuasive. And both are pitch-perfect examples of how to make an argument without resorting to threats. The ISBA is also encouraging all criticism and discourse to be made in a respectful manner, excluding personal and inflammatory attacks on individual judges and law enforcement officials. We wish some of the people who are arguing against this ruling would take them for an example to follow.•

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  • Tort Claim Simplification Legislation Is Needed
    One of the reasons which Justice David uses to support his conclusion is that of "The Development of alternative remedies by an aggrieved arrestee." If he is referring to the tort claim procedure, much needs to be done to make the tort claim procedure a practical reality such as a uniform time limit for claims against all State and local police agencies and a single person or entity for naming the appropriate defendant and a single person or entity for service of process. Additionally there should be a requirement of a detailed investigation of a tort claim and a detailed response other than claim denied.

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

  2. 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

  3. 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.

  4. 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.

  5. Hi there I really need help with getting my old divorce case back into court - I am still paying support on a 24 year old who has not been in school since age 16 - now living independent. My visitation with my 14 year old has never been modified; however, when convenient for her I can have him... I am paying past balance from over due support, yet earn several thousand dollars less. I would contact my original attorney but he basically molest me multiple times in Indy when I would visit.. Todd Woodmansee - I had just came out and had know idea what to do... I have heard he no longer practices. Please help1

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