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Legislators file amicus brief asking for narrowed Barnes decision

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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.

Indiana University School of Law – Indianapolis professor Joel M. Schumm filed the brief on behalf of the 40 state senators and 31 state representatives Wednesday. According to the court docket, Barnes' attorney Erin Berger filed a petition for rehearing Thursday.

“Few issues before this court have galvanized the public’s attention and concern as much as the declaration in this case that the right to reasonably resist an unlawful police entry into a home is no longer recognized under Indiana law,” said Sen. Mike Young, R-Indianapolis, in a statement referring to Richard Barnes v. State, No. 82S05-1007-CR-343. “Rehearing is appropriate to reconsider that holding in light of Indiana’s robust self-defense statute.”

The brief focuses on two areas: Indiana’s self-defense statute and the public policy concerns underlying it.

The legislators argue that the state’s self-defense statute has long allowed residents to use “reasonable” force if the person “reasonably believes” that force is necessary to prevent or end unlawful entry into his or her home. In 2006, the statute was broadened to say that residents don’t have a duty to retreat when faced with unlawful entry.

There are also concerns as to how this ruling impacts cases of police impersonators trying to gain entry into homes. The brief cites examples from Pennsylvania, Alabama, and Los Angeles in which someone falsely posed as a police officer to gain entry into a home and commit a crime.

“These headlines need not be replicated in Indiana. Rather, granting rehearing is appropriate to narrow this Court’s holding and apprise our citizens that they retain the venerable right to reasonably resist unlawful entry into their homes by police,” the brief states.

Indiana Attorney General Greg Zoeller, whose office represented the state, also supports a rehearing because of concerns that the ruling is too broad.

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  1. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  2. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  3. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  4. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  5. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

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