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ISBA responds to fallout from split Supreme Court ruling

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The Indiana State Bar Association issued a statement today addressing the outrage being expressed by many people concerning a state Supreme Court decision last week, which held individuals don’t have the right to resist police who enter private residences, even if those entries are illegal.

Justices handed down a 3-2 decision on May 12 in Richard L. Barnes v. State of Indiana, No. 82S05-1007-CR-343. The majority ruled the common-law right to reasonably resist unlawful entry by police officers is no longer recognized in Indiana. Justice Steven David authored the majority opinion, writing 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.  Justices Brent Dickson and Robert Rucker each dissented, believing the opinion went too far and tells Hoosiers that government agents may now enter their homes illegally – without a warrant, consent, or exigent circumstances.

In the week since, national and statewide media coverage has focused on the ruling and public reaction. 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.

Indiana Attorney General Greg Zoeller today said he supports a rehearing to allow for a more narrow decision. On appeal, the AG’s office didn’t advocate for this broad of a ruling.

Politicians from both sides of the aisle have reacted and criticized the ruling, saying they’ll sponsor legislation to override it, and a public protest rally is being organized for Wednesday at the Statehouse. As of this morning, more than 1,300 people had signed up on Facebook to attend.

Earlier this week, the court’s public information officer, Kathryn Dolan, said the high court has received threatening calls and emails in response to the ruling. She said those threats were primarily toward police. She declined to provide specific information regarding the number of threats, what the calls or messages said, or how the threats may have impacted day-to-day functions at the court. Dolan said Indiana Capitol Police are investigating.

Today, the ISBA issued a brief two-paragraph statement:
“Everyday our courts issue opinions with which people disagree – even vigorously. While those who disagree with the opinion have a right to criticize it, the Indiana State Bar Association encourages that such criticism be in a respectful manner, excluding personal and inflammatory attacks on individual judges and law enforcement officials,” the statement says.

“Our democracy depends on an independent judiciary supported in the exercise of its constitutional obligation to decide cases fairly and dispassionately. Those decisions must be made according to law, without regard to public pressure and fear of political reprisal. In the coming weeks, the Indiana Supreme Court may be asked to reconsider the decision through a petition for rehearing. The case might also be appealed to the U.S. Supreme Court. These are appropriate means to challenge the decision; threats and personal attacks are not.”

Terre Haute attorney and ISBA President Jeffry Lind said the statement was in direct response to the media reports about potential threats to the judiciary and police, not  because of any specific concerns brought by association members.

 “Attorneys knew these things were happening, and our hope is to not only support free speech but to remind everyone that the legal process has its own legal process. Violence isn’t the answer and not a part of the healthy discourse process we have,” Lind said.

 

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  • Independant
    "Our democracy depends on an independent judiciary supported in the exercise of its constitutional obligation to decide cases fairly and dispassionately."

    The ISBA needs to stop advocating against the people. Judges selected by the state and its politicians need to be accountable to the people. Electing judges in our counties works very well. They are accountable. Without accountability to the people violence will be the peoples only option. Read the Declaration of Independance.

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  1. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

  2. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

  3. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

  4. Thank you for this post . I just bought a LG External DVD It came with Cyber pwr 2 go . It would not play on Lenovo Idea pad w/8.1 . Your recommended free VLC worked great .

  5. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

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