resisting law enforcement

Court addresses Barnes retroactivity

October 26, 2011
Michael Hoskins
The 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.
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Justices clarify police resistance ruling

September 28, 2011
Michael Hoskins
Emphasizing 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.
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Supreme Court upholds Barnes ruling

September 20, 2011
Michael Hoskins
Emphasizing 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.
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Justices stand firm on Barnes decision

September 20, 2011
Michael Hoskins
The 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.
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COA orders new trial for overly talkative defendant

September 14, 2011
Jenny Montgomery
In 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.
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Lawmakers examine issues raised in Barnes

July 6, 2011
Michael Hoskins
As 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.
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Legislators file amicus brief asking for narrowed Barnes decision

June 9, 2011
Jennifer Nelson
Seventy-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.
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Justices rule: No right to resist

June 8, 2011
Michael Hoskins
The 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.
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Hundreds gather for rally against Indiana Supreme Court ruling

May 25, 2011
Michael Hoskins
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.
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ISBA responds to fallout from split Supreme Court ruling

May 20, 2011
Michael Hoskins
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.
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Justice: Ruling lets government agents enter homes illegally

May 12, 2011
Jennifer Nelson
Two 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.”
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COA: Teen didn't resist law enforcement

July 7, 2010
Jennifer Nelson
A 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.
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Gaming agents have full police power

June 17, 2010
Jennifer Nelson
A 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.
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Justices: Anders withdrawals not allowed

June 26, 2009
Michael Hoskins
The 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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  1. Payday loans take advantage of people in many ways. It's great to hear that the courts are using some of their sins to pay money back to the community. Hopefully this will help change the culture of many loan companies, and make lending a much safer endeavor for those in need. http://lawsuitlendingnow.com/lawsuit-loans-post-settlement.html

  2. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  3. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  4. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  5. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

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