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Legislative committee to look at Barnes decision

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Not since daylight-saving time has an issue agitated Sen. Brent Steele’s constituents as much as the recent decision by the Indiana Supreme Court on illegal police entry.

Steele, R-Bedford, said a lot of people are upset over the decision in Barnes v. State, handed down by a split Supreme Court in May, which ended the common-law right to resist illegal entry into a home by police. Steele said the ruling flies in the face of the Castle Doctrine, codified in Indiana Code 35-41-3-2 in 2006, which says that a person is justified in using reasonable force and doesn’t have a duty to retreat if the person reasonably believes that force is necessary to prevent or terminate someone’s unlawful entry or attack on the person’s home.

Now, Steele and other legislators are going to address the fallout from the decision in a special committee.

Chair of the Legislative Council, President Pro Tempore Sen. David Long, R-Fort Wayne, asked Steele to chair the committee created Tuesday to look into the Barnes decision. The committee is also comprised of Sen. Tim Lanane; D-Anderson, Rep. Linda Lawson, D-Hammond, who is a former police officer; and Rep. Eric Turner, R-Cicero. The committee plans on meeting toward the end of June. Steele said even if the Supreme Court rehears the case and alters or narrows its decision, the Legislature still must act.

“There will be a decision some day that comes on the Fourth (Amendment), and (the justices) will say the Legislature didn’t do anything” so it will be up the court to interpret statute, he said.

One of the possible solutions is to put into code all of the exigent circumstances that could be used to justify a warrantless entry, but Steele isn’t sure yet what decisions the committee may make. They will complete a final report with suggested solutions by the end of October.

 “We are going to fix it,” he said.

In addition to the study committee on the Barnes decision, the Legislative Council released the topics interim study committees will be looking into this summer. They include redistricting, sex crimes against children, critical problems in the criminal justice and corrections systems, and sentencing issues. A complete list is available on the General Assembly’s website.

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  1. Some are above the law in Indiana. Some lined up with Lodges have controlled power in the state since the 1920s when the Klan ruled Indiana. Consider the comments at this post and note the international h.q. in Indianapolis. http://www.theindianalawyer.com/human-trafficking-rising-in-indiana/PARAMS/article/42468. Brave journalists need to take this child torturing, above the law and antimarriage cult on just like The Globe courageously took on Cardinal Law. Are there any brave Hoosier journalists?

  2. I am nearing 66 years old..... I have no interest in contacting anyone. All I need to have is a nationality....a REAL Birthday...... the place U was born...... my soul will never be at peace. I have lived my life without identity.... if anyone can help me please contact me.

  3. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  4. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

  5. to answer your questions, you would still be practicing law and its very sad because we need lawyers like you to stand up for the little guy who have no voice. You probably were a threat to them and they didnt know how to handle the truth and did not want anyone to "rock the boat" so instead of allowing you to keep praticing they banished you, silenced you , the cowards that they are.

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