Indiana Appellate Case on the Right to Resist a Police Officer’s Unlawful Entry
April 21st, 2010 admin
(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 …
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(Eugene Volokh) It’s Commonwealth v. Lojko (Mass. App. Ct.), decided today (one paragraph break added): On February 20, 2008, Hyannis police Officer Eugene Desruisseaux was dispatched to the defendant’s residence as a result of a report that the defendant was suicidal and was threatening to harm himself and others with a firearm. After speaking...
To my mind, the strongest argument for restrictions on corporate speech is that they promote political equality. Unlike the far weaker argument that corporations aren’t entitled to free speech because they aren’t people , the equality argument correctly assumes that corporations are actually just tools used by people. It then holds that restricting...
“Conrad Black’s lawyers, federal prosecutors clash over 2007 conviction; Lawyers for former media baron say government can’t prove trial error was harmless”: Ameet Sachdev had this article yesterday in The Chicago Tribune. The Toronto Star reported yesterday that ” Conrad Black’s lawyers urge court to drop all convictions...
There is strong, if not conclusive, evidence suggesting that Texas executed an innocent man, Cameron Todd Willingham . Radley Balko reports that some fear the Lone Star state is about to do it again in the case of Hank Skinner. DNA testing of remaining evidence might put an end to such fears, and provide further evidence of Skinner’s evidence...
The comments on the Reverse Yoo hypothetical are fascinating, and I wanted to try to draw some tentative conclusions from them. The most interesting result to me is that for a lot of Yoo’s critics, whether Yoo followed the law or not is mostly beside the point. The primary objection is that Yoo’s conduct permitted an act that they see as immoral....
As for the handful of friends who’ve become judges and will still talk to me despite the things I write here, they react the same as anyone else when a police officer strolls up to them on the street and makes the good ol’ common law inquiry. They know better than to play wise guy lawyer (or judge in their case), showing the cop how smart...
(Eugene Volokh) The letter is here . Among other things, McConnell argues in some detail that conservatives will likely be pretty happy about Elena Kagan on the freedom of religious and political speech, on free exercise of religion, and on the participation of religious institutions in generally available funding programs. (McConnell is on the pro–...
Wilson v. State , decided March 3 by the Texas Court of Criminal Appeals (the highest Texas court for criminal matters), involved two Texas statutes. The first is a Texas statutory exclusionary rule (Tex. Code Crim. Proc. § 38.23), first enacted in 1925: No evidence obtained by an officer or other person in violation of any provisions of the Constitution...
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