Judge is a fan of Johnny Carson

November 16, 2011
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I am about to show my age: I had to do a Google search to find out who Carnac is.

In an opinion handed down Wednesday by the Indiana Court of Appeals, Judge Michael Barnes concurred with a brief separate opinion in a case involving an inverse condemnation claim.

“I write to concur in full and to acknowledge the precedent our supreme court articulated in State v. Kimco of Evansville, Inc., 902 N.E.2d 206 (Ind. 2009). As the author of the Court of Appeals decision reversed by that opinion, one does not have to be Carnac to realize I disagree. However, our supreme court has spoken, and I concur,” wrote Barnes.

I thought “Who or what is Carnac?” I figured it had to be something well known enough for it to stand alone in the opinion, but it wasn’t ringing a bell with me. Thankfully, Google told me that it’s Carnac the Magnificent, a character Johnny Carson would play on his TV show (unless Barnes was referring to Carnac stones, but I bet they don’t psychically determine answers from sealed envelopes).

Once I learned it was a reference to the Tonight Show skit, I realized that I did know who Carnac is, I just didn’t know his name. In my defense, the show went off the air before I was allowed to stay up that late.

I like seeing judges interject a bit of their personality into their writings – it breaks up the monotony of the legal language and gives you a glimpse of who they possibly are off the bench. I deduced two things from Barnes’ writing – he watched (or at least is familiar enough with) the Tonight Show with Johnny Carson, and he has a sense of humor in showing how he feels about the Supreme Court’s reversal of his decision.
 

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  1. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  2. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  3. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  4. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  5. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

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