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.