resisting law enforcement
Felon’s convictions, multiple sentence enhancements affirmed
February 26, 2013
Dave StaffordA sentence of 12 years with a year suspended was not inappropriate for a man who stole an idling car from a Lafayette convenience
store and later resisted police, punched a police dog and threatened officers.
MoreCOA orders trial on drug charges
February 5, 2013
Jennifer NelsonOn interlocutory appeal, the Indiana Court of Appeals affirmed a trial court’s denial of an Elkhart County man’s
motion to suppress evidence police seized from him and his residence while investigating possible drug dealing.
MoreRefusal to give jury instruction not harmless error
December 5, 2012
Jennifer NelsonA trial court’s error in refusing to give a defendant’s tendered self-defense and resistance of unlawful force
instructions during his trial was not harmless and requires the man’s conviction of Class D felony resisting law enforcement
be overturned, the Indiana Court of Appeals held Wednesday.
MoreResisting conviction reversed, but meth convictions stand
December 4, 2012
Dave StaffordA man who was convicted of multiple methamphetamine felonies had his misdemeanor resisting law enforcement conviction reversed,
but the Court of Appeals was not persuaded to overturn his drug convictions.
MoreJudges affirm jury instruction was not permitted under Barnes
September 5, 2012
Jennifer NelsonThe Howard Superior Court was correct in refusing a defendant’s instruction that provided a defense to his resisting
arrest charges. The 2011 Supreme Court ruling in Barnes v. State did not permit his proposed instruction, the Indiana
Court of Appeals held.
MoreStudent’s delinquency adjudication involving in-school incident reversed
August 28, 2012
Dave StaffordA Ben Davis High School student won an appeal of his adjudication as a delinquent Tuesday after the Court of Appeals held
the circumstances for which he was adjudicated did not meet the equivalent of Class D felony resisting law enforcement.
MoreCourt affirms guilty but mentally ill sentence in DUI, resisting case
June 15, 2012
Dave StaffordA six-year sentence for a man who fled from Greensburg police while intoxicated, crashed his van, injured his passenger and
ran from the scene was affirmed Friday by the Indiana Court of Appeals.
MoreCOA rules police can act reasonably to control investigation scene
December 30, 2011
Michael HoskinsPolice were justified in handcuffing a woman who they felt was a safety risk inside her home during an investigation, the
Indiana Court of Appeals has ruled.
MoreBarnes study committee to vote on final report
November 9, 2011
IL StaffThe interim subcommittee established as a result of the Indiana Supreme Court ruling in Barnes v. State will meet
Thursday to vote on the adoption of a final report.
MoreCourt addresses Barnes retroactivity
October 26, 2011
Michael HoskinsThe Indiana Court of Appeals added a new dimension to the debate about police entry and reasonable resistance, with a three-judge
panel for the first time bringing up the issue of retroactivity as applied to the state justices' controversial ruling
in Barnes v. State.
MoreJustices clarify police resistance ruling
September 28, 2011
Michael HoskinsEmphasizing that it’s not trampling on the Fourth Amendment and allowing police to illegally enter one’s home,
the Indiana Supreme Court has revisited a case it decided four months ago and reinforced its ruling that residents don’t
have a common law right to resist police entering one’s home.
MoreSupreme Court upholds Barnes ruling
September 20, 2011
Michael HoskinsEmphasizing that it’s not trampling on the Fourth Amendment, the Indiana Supreme Court has revisited a ruling it made
four months ago and upheld its holding that residents don’t have a common law right to resist police entering a person’s
home.
MoreJustices stand firm on Barnes decision
September 20, 2011
Michael HoskinsThe Indiana Supreme Court has revisited a ruling it made four months ago in Richard Barnes v. State, affirming its
initial holding that residents do not have a common law right to resist police in any situation.
MoreCOA orders new trial for overly talkative defendant
September 14, 2011
Jenny MontgomeryIn a divided opinion, the Indiana Court of Appeals has reversed a trial court’s denial of motion for mistrial, holding
that the court went too far in physically preventing a defendant from speaking.
MoreLawmakers examine issues raised in Barnes
July 6, 2011
Michael HoskinsAs the Indiana Supreme Court decides whether it will revisit a controversial ruling that’s generated public protest
since it came down in May, legislators are discussing what they might do to reduce the impact of the justices’ ruling
on resisting police entry into one’s home.
MoreLegislators file amicus brief asking for narrowed Barnes decision
June 9, 2011
Jennifer NelsonSeventy-one Indiana legislators have signed an amicus curiae brief that asks the Indiana Supreme Court to narrow its recent
decision that held Hoosiers have no right to resist unlawful police entry into their homes. The defendant's attorney in the
case has also asked for a rehearing.
MoreJustices rule: No right to resist
June 8, 2011
Michael HoskinsThe Indiana Supreme Court caught many people off guard when it abolished the common law right of citizens to reasonably resist
police from entering their homes, no matter the situation and regardless of whether the entry is legal.
MoreHundreds gather for rally against Indiana Supreme Court ruling
May 25, 2011
Michael HoskinsNearly 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.
MoreISBA responds to fallout from split Supreme Court ruling
May 20, 2011
Michael HoskinsThe 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.
MoreJustice: Ruling lets government agents enter homes illegally
May 12, 2011
Jennifer NelsonTwo Indiana Supreme Court justices dissented from their colleagues in a case involving the right to resist unlawful police
entry into a home, with one justice writing that he believes the majority is “essentially telling Indiana citizens that
government agents may now enter their homes illegally.”
MoreCOA: Teen didn't resist law enforcement
July 7, 2010
Jennifer NelsonA teen who refused to stand up or pull up his pants when ordered by a police officer did not resist law enforcement, the Indiana
Court of Appeals ruled today.
MoreGaming agents have full police power
June 17, 2010
Jennifer NelsonA gaming agent of the Indiana Gaming Commission constitutes a “law enforcement officer” for purposes of the offense
of resisting law enforcement, the Indiana Court of Appeals decided today.
MoreJustices: Anders withdrawals not allowed
June 26, 2009
Michael HoskinsThe Indiana Supreme Court has rejected a procedure set up by the nation's top court more than four decades ago that allows
attorneys to withdraw from criminal appeals they deem frivolous. Our justices say it's practically and financially more
efficient to simply proceed with an appeal and let that process play out.
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Qualified immunity, means that if you wear a badge, you are exempt from law and free to do anything you please! The courts will back badge toting individuals, because they think they are above the law as well. They think, they have judicial immunity, they do not.
Deeply, deeply concerned? I'll bet if it was the judge's money that had been swindled we'd see deep concern with actual consequences. First a Ponzi scheme, then a shell game with the assets…c'mon, hasn't Conour abused the judicial system and his clients long enough? I say enough already.
Wow, just wow.
Forcing a defendant to wear a stun belt, in court or otherwise, is a violation of american principles! It is also unconstitutional!
So, if I save $100.00 cash per week, from my $500.00 per week paycheck, for 50 years, at which time, I will have saved $260,000.00, the government can raid my home and take my money, just by saying it is drug money! Shouldn't the government, have some kind of evidence of drugs, rather, than just saying we are the government and we will take anything you own, anytime we choose? Tyranny is upon us! If you don't know your rights, you don't have any!