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Hundreds gather for rally against Indiana Supreme Court ruling

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Nearly 300 people gathered on the steps of the Indiana Statehouse Wednesday, many calling for the recall of Indiana Supreme Court Justice Steven H. David. Justice David authored the recent high court ruling that held individuals don’t have the right to resist police who enter their home, even if those entries are illegal.

The "Stand Up for Your Fourth Amendment Rights" rally began at noon. Attorneys and lawmakers were scattered throughout the crowd as speakers voiced opinion about the recent 3-2 decision from state justices and offered history on the United States and Indiana constitutions. Speakers encouraged those present to get involved in the civic process and be heard.

Dozens of people made signs or banners displaying messages such as “No Police State” and “Don’t Tread On Me.” Others focused on the Fourth Amendment prohibition against illegal search and seizure. Some waved American flags and copies of the U.S. Constitution throughout the rally, and some urged the recall of Justice David.

The ruling in Richard L. Barnes v. State of Indiana, No. 82S05-1007-CR-343, held that a person can use the legal system for redress against unlawful police action rather than resorting to violence in the heat of the moment. Justice David wrote for the majority that included Chief Justice Randall Shepard and Justice Frank Sullivan.

Since the ruling was handed down May 12, the Indiana State Bar Association and Indianapolis Bar Association have issued statements encouraging people to react reasonably, while the state Senate and House of Representatives leadership have encouraged the court to rehear the case and issue a more narrow decision. The Indiana attorney general’s office also supports a rehearing.  Evansville attorney Erin Berger, who represented Barnes, plans to ask for a rehearing and is prepared to ask the U.S. Supreme Court to intervene.

Several politicians have said they plan to introduce legislation as soon as possible to overturn this ruling and beef up the state’s self-defense law. Two lawmakers – Sen. Brent Waltz, R-Greenwood, and Rep. Mike Speedy, R-Indianapolis – attended the protest but didn’t speak.

More than 1,800 people signed up on Facebook in support of the rally, expressing outrage about the decision, but estimates indicate approximately 300 participated. Indiana State Capitol Police were visible, due in part to threats reportedly received by phone and email at the Indiana Supreme Court.

Organizers urged everyone attending or watching the protest online to peacefully stand up for their rights. Indiana University student and organizer Stephen Skolnick, 19, of Carmel, said he considered the rally a success because it's drawn attention to the ruling. He said he hopes people remember this issue when voting for legislators or deciding whether appellate jurists should be retained on the ballot.

"While we are going to be peaceful," organizer Emily Veno told the crowd, "we are here today to be loud."

Among the speakers was former "Survivor" cast member Rupert Boneham, who lives in Indianapolis and told the crowd that he’s opposed to the ruling in part because it teaches kids that police are the enemy and not helpful.

A political action committee and a Facebook page have been created with the goal of recalling Justice David, who was appointed to the court last fall by Gov. Mitch Daniels. Justice David will face an initial retention vote in 2012. Rally participants were able to sign a petition calling for the justice’s non-retention.

Indianapolis attorney Paul Ogden attended the rally and said he was encouraged by the number of people who came out, though he isn’t sure if it will result in the first-ever recall of a state justice. He does hope for a narrower ruling, since he doesn’t see this broad decision as necessary. Ogden agrees with Justices Brent Dickson and Robert Rucker, who dissented and would have supported a narrower ruling.

Bloomington attorney Karen Wyle said she had hoped to attend the rally, but was unable to despite her opposition to the ruling. A constitutional rights lawyer, Wyle indicated that she was already uneasy about the court’s direction following an earlier ruling allowing no-knock entries even in situations where police failed to prove the need for an existing factual basis for such an entry. Then came Barnes.

“I am dismayed by the paternalism inherent in the court's conclusion that since defending our homes might be dangerous; we should not be allowed to weigh that danger for ourselves,” she wrote in an email to Indiana Lawyer before the rally. “I am angry that at this moment, in Indiana – if I understand the situation – it is a crime for a citizen to defend his or her home against unlawful invasion by agents of the state.  I heartily disagree with the notion, underlying this decision that the liberties on which this country is founded have become to some extent anachronistic, and should be asserted only after the fact and through elaborate procedures.”

Supreme Court Public Information Officer Kathryn Dolan said that she didn’t know if any of the justices saw the rally, but that a previously scheduled event prevented some of them from being at the Statehouse for most of the day.

 


 

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  • vassals of the state
    We are vassals of the state. The state has replaced the king. We are subjects. Let's get that clear. They hate us because of our freedoms; no WMDs, etc. etc. Keep moving folks, get back to work, the banks need you to bail them out from their next imminent collapse, or else your poverty will get even poorer. Hooray. Cue the marching band.

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  1. wow is this a bunch of bs! i know the facts!

  2. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  3. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

  4. It's a capital offense...one for you Latin scholars..

  5. I would like to suggest that you train those who search and help others, to be a Confidential Intermediary. Original Birth Certificates should not be handed out "willie nillie". There are many Birth Parents that have never told any of their families about, much less their Husband and Children about a baby born prior to their Mother's marriage. You can't go directly to her house, knock on her door and say I am the baby that you had years ago. This is what an Intermediary does as well as the search. They are appointed by by the Court after going through training and being Certified. If you would like, I can make a copy of my Certificate to give you an idea. you will need to attend classes and be certified then sworn in to follow the laws. I still am active and working on 5 cases at this time. Considering the fact that I am listed as a Senior Citizen, that's not at all bad. Being Certified is a protection for you as well as the Birth Mother. I have worked with many adoptees as well as the Birth Parents. They will also need understanding, guidance, and emotional help to deal with their own lost child and the love and fear that they have had locked up for all these years. If I could talk with those involved with the legal end, as well as those who do the searches and the Birth Mothers that lost their child, we JUST might find an answer that helps all of those involved. I hope that this will help you and others in the future. If you need to talk, I am listed with the Adoption Agencies here in Michigan. They can give you my phone number. My email address is as follows jatoz8@yahoo.com. Make sure that you use the word ADOPTION as the subject. Thank you for reading my message. Jeanette Abronowitz.

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