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.•


  • 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. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  5. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.