The Indiana Court of Appeals will hear arguments at an Indianapolis law school in a man's appeal of his convictions of resisting law enforcement and battery on a police officer.
Judges Paul D. Mathias, Terry A. Crone, and Elaine B. Brown will hold arguments at 5 p.m. Tuesday in the Wynne Moot Courtroom at Indiana University School of Law - Indianapolis in Richard Barnes v. State of Indiana, No. 82A05-0910-CR-592.
Richard Barnes argues there is insufficient evidence to support his convictions of Class A misdemeanor battery on a police officer, Class A misdemeanor resisting law enforcement, and Class B misdemeanor disorderly conduct. He also claims the trial court abused its discretion when it refused his tendered jury instruction on a citizen's right to reasonably resist unlawful entry into his home.
Barnes' estranged wife, with whom he shared an apartment, called 911 after getting into an argument with him. When police arrived, Barnes was leaving the building and then shoved an officer when the officer tried to walk past Barnes in hallway. They struggled and the officer Tazed Barnes to subdue him.