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To: Mr. Lucky
-- Barnes didn't assert a statutory right because ... --

That's not responsive to or supportive of your contention that there was no statute in existence when the ruling was handed down.

The ruling went beyond the facts of the Barnes encounter, and did more than remove the common law right. By its plain language, the ruling undid any and all right, e.g., in a future case where the statute would apply. The ruling didn't say there is no common law right, it said there is NO right, and the affirmative defense would no longer be available.

But in making that ruling, removing ALL (not removing the common law right, removing ALL right to resist unlawful entry), the court never mentioned that there was a statutory right to resist unlawful entry.

I don't disagree that Barnes didn't assert a statutory right - that's a diversion from my point. My point is simply that there was a statutory right in existence at the time the Indiana Supreme Court haded down its Barnes decision. You said there was not.

38 posted on 03/29/2012 3:50:02 PM PDT by Cboldt
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To: Cboldt

Your post #8 asserted that the Indiana Supreme Court ignored an Indiana stautue. I pointed out that there was no Indiana statute on point for it to ignore. That the self defense statute was nor available to Barnes was the one thing he, the State and the Supreme Court Agreed on.


41 posted on 03/29/2012 3:56:13 PM PDT by Mr. Lucky
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