Indiana AG Zoeller: NO SALE, BOYCOTT INDIANA

I'm serious.

On the 14th I wrote on the following Indiana Supreme Court Decision:

Barnes contests that the trial court's failure to advise the jury on the right to reasonably resist unlawful entry by police officers constituted reversible error and that the evidence was insufficient to sustain his convictions. We hold that there is no right to reasonably resist unlawful entry by police officers.

The record shows:

• 911 was called during a verbal altercation. The statement was made that the defendant was throwing his own property within the apartment.
  
  
• No allegation was made that anything was thrown at the other occupant, nor that the defendant was destroying anyone else's property, nor that the defendant struck (battery) or threatened to strike (assault) any other person.

In other words, the original cause for the call did not allege an actual crime. It is not illegal to destroy your own property. It is not illegal to raise your voice. Absent a colorable threat to inflict bodily injury or destroy the property of another person there was no crime alleged to have been in progress.

The 911 call dispatch went out as a factual fallacy: a claim that a "domestic violence" was in progress. No such actual assault or violation of another's property rights was alleged by the caller.

Further, once the officers arrived the caller:

Mary came onto the parking lot, threw a black duffle bag in Barnes‘s direction, told him to take the rest of his stuff, and returned to the apartment.

The alleged "domestic violence victim" willingly interacted with the defendant and made no indication of an interest in police intervention. She displayed no evidence of a crime against her person and never alleged there had been one, either at the scene or during the 911 call.

These facts are in the court record and are not in dispute.