Chesterton Tribune                                                                                   Adv.

Attorney wants court to reconsider ruling on police home invasions

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INDIANAPOLIS (AP) — An attorney says she’ll ask the state Supreme Court to reconsider its ruling that Indiana residents have no right to resist if police officers illegally enter their home.

Attorney Erin Berger tells The Times of Munster she’ll file a petition for rehearing with the court. Berger represents Richard Barnes, who was convicted of resisting law enforcement for shoving a police officer who tried to enter Barnes’ home after he told the officer he couldn’t enter.

The state Court of Appeals overturned that conviction, ruling jurors weren’t instructed on Barnes’ common law right to resist illegal police entry into his home.

But the high court last week reinstated that conviction and overturned centuries of common law, ruling that people have no right to resist if police officers illegally enter their home.

Posted 5/19/2011

 

 

 

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