Those who hoped the Indiana Supreme Court would rethink and perhaps soften its recent invalidation of the Castle Doctrine will be disappointed at this:
The Indiana Supreme Court on Tuesday reaffirmed its earlier ruling in a controversial case involving unlawful police entry.
The court granted a rehearing, then supplied a five-page opinion on its May 12 opinion that declared that Hoosiers no longer had a legal right to resist police officers who enter their home without a legal basis to do so.
The court did say that its ruling was not constitutional but stautory, i.e. based on its interpretation of Indiana law and legislative intent in passing it.
The General Assembly can and does create statutory defenses to the offenses it criminalizes, and the crime of battery against a police officer stands on no different ground. What the statutory defenses should be, if any, is in its hands."
OK, members of the General Assembly, you now have one of your legislative priorities for the next session. If the law's broke, you can fix it.
