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Lawmakers discuss scope of police entry case

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A Bedford lawyer-legislator says a recent Indiana Supreme Court decision on resisting police entry has resulted in more feedback from attorneys and residents statewide than he’s experienced since the daylight saving time debate.

That comment set the stage for the first legislative subcommittee meeting June 29 aimed at exploring the court’s split decision May 12 in Barnes v. State, No. 82S05-1007-CR-343.

The justices' 3-2 ruling went further than any before on the issue of resisting police entry into a person’s home and held that Indiana no longer recognizes a common law right to resist in any situation. That decision fueled widespread outrage and critics say it goes too far and conflicts with both the Fourth Amendment and the state’s self-defense statute.

Though both sides have filed briefs requesting and supporting a rehearing, the Legislative Council created a four-person subcommittee to study this issue more in-depth.

Sen., Brent Steele, R-Bedford, who chairs the subcommittee, said he isn’t sure if the panel should wait on discussing and deciding this issue until the Supreme Court decides whether it’ll rehear the case.

“I think it’s incumbent upon us to do something legislatively,” he said at the meeting. “How often have lawyers seen the court say that the legislature didn’t address something? We run the risk of looking like we’ve abrogated our duties and that we decided not to deal with it immediately.”

Aside from Steele, Sen. Tim Lanane (D-Anderson) and Rep. Eric Turner (R-Cicero) were at the first meeting. Rep. Linda Lawson, (D-Hammond) did not attend. They passed out briefs filed in the case, as well as the justices’ ruling for everyone to review.

Lanane discussed his view of what the majority was saying – that any resistance can lead to an escalation of violence – and he wondered what the answer might be if any action is allowed by residents.

Lt. Mark Carnell, legal counsel for the Indiana State Police, said the ruling has had no impact on the agency's procedures and police don’t see it as giving officers any greater right to enter homes. Sen. Mike Young, R-Indianapolis, who is not a member of the subcommittee but attended the meeting to criticize the ruling, said he’d prefer police to hold off and wait when a situation is unclear.

Although the 11-page ruling states the court was deciding "the question of whether Indiana should recognize the common-law right to reasonably resist unlawful entry by police officers," Steele and others question whether it also impacts Indiana statute delving into this issue. One statute is the 2006 “castle doctrine” that broadened state residents’ right to protect themselves from unlawful entries into their homes.

Legislative Services Agency attorney Andrew Hedges told the subcommittee members that the ruling could be interpreted to impact only common law or also the statues, but it’s not clear. He described the structure of the opinion as a possible “drafting error” because it switches from addressing the common law aspect to even broader wording about the general right to resist police entry, and that it's unclear about the scope of the ruling. Hedges said the court could have included a footnote addressing the statute, but didn’t and so court watchers are left wondering whether the justices forgot about that statutory impact or if they ignored it to only address the common law question. He questioned Justice David’s use of “in sum” when issuing the holding, and whether that means the holding is limited to common law or also abrogates any statutory right to resist.

Steele sees that as a problem that needs legislative attention.

“I see this as two trains headed toward each other on the same track that will collide someday,” he said, in reference to the Supreme Court ruling and the self-defense statute revised five years ago.

A date for the second meeting hasn’t been set, but the three members at the first meeting indicated that August might be the next time they can gather. This subcommittee’s role would simply be to recommend any legislative changes to the full General Assembly once it reconvenes for the 2011-12 session.

Meanwhile, the briefing period is finished and the Supreme Court is now deciding whether it will revisit the case. The justices have no timetable in making that decision and could hold additional arguments, request more material, or rule based on the briefs and past record in the appeal.

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  1. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

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  3. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  4. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  5. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

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