Posted on 06/10/2011 8:01:14 AM PDT by Abathar
INDIANAPOLIS -- The Indiana Supreme Court may reconsider its ruling that eliminates the right of homeowners to resist unlawful police entry into their homes.
The attorney for Richard Barnes, whose criminal case in Vanderburgh County led to the court ruling last month, filed a formal petition for a rehearing Thursday.
Barnes' attorney argues the ruling violates the Fourth Amendment of the U.S. Constitution.
"We believe however that a right to resist an unlawful police entry into a home is against public policy and is incompatible with modern Fourth Amendment jurisprudence," part of the petition read.
The court issued its controversial 3-2 ruling May 12, declaring that Hoosiers no longer had a legal right to resist police officers who are entering their home without a legal basis to do so.
The ruling said homeowners could instead seek legal remedies through court proceedings after the fact.
The decision sparked large public outcry, including from state officials. Seventy-one Indiana lawmakers filed a joint brief with the Supreme Court on Wednesday, asking the court to reconsider its opinion.
Gov. Mitch Daniels and Attorney General Greg Zoeller have publicly questioned the decision.
(Excerpt) Read more at theindychannel.com ...
Any Indiana freepers know what became of this case? Has it been brushed under the rug?
"But, again, the piece went by fairly quickly and it’s possible that he simply misfired in response to Blitzer’s flurry of questions on a wide variety of issues. It would be worthwhile for someone to ask Mr. Cain to clarify these remarks in the near future."
He was emphatic about supporting the 2nd Amendment, but also same regarding State's rights. Perhaps someone should ask him to clarify his statements, which as the writer observes "went by fairly quickly and it's possible thae he simply misfired in response...".
I think he is a good man and deserves the opportunity to explain his stance.
Good question, I’ve lost track of what has been happening to this case. Time for some research...
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