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Legal Commentary
: The Volokh ConspiracyIndiana Appellate Case on the Right to Resist a Police Officer?s Unlawful Entry
By Eugene Volokh
The case is Barnes v. State (Ind. Ct. App. Apr. 15, 2010); I?m not an expert on the field, so I don?t know how representative this is of the law throughout the country, but it struck me as interesting. The court?s conclusion:
We reverse Barnes?s disorderly conduct conviction because the State failed to prove that Barnes?s noisy political expression was an abuse of his right to free speech. We also reverse Barnes?s convictions for battery on a law enforcement officer and resisting law enforcement, but we remand for a new trial on those convictions because the jury was not properly instructed on Barnes?s defense of the right to reasonably resist unlawful entry into his home.
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Full post as published by The Volokh Conspiracy on April 21, 2010 (boomark / email).
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