Wednesday, June 1, 2011

Outrage In Indiana Part III: Response From Gov. Daniels' Office!

This morning I recieved a response to my letter to Gov. Daniels regarding the Indiana Supreme Court's decision in Barnes v. State of Indiana.

Here is the response in its entirety:
Dear Mr. Kauffman,
Thank you for contacting Governor Daniels regarding the recent Supreme Court decision. He appreciates the time you took to share your thoughts and concerns. 
Governor Daniels has said that he had questions about the ruling by the Supreme Court because he signed a no retreat law in 2006. This law seems to be in conflict with the ruling and would trump the case law basis for the court's ruling. The statute was not raised during the course of the case.  The no retreat law unequivocally strengthened the rights of Hoosiers to be secure in their homes, and the existence of the statute seems to provide ample reason for a rehearing.  
Because of federal and state constitutional separation of powers, the Governor is unable to intervene in legal matters and court proceedings.  He has no authority over Supreme Court Justices once they are appointed to their positions.  Once their decisions have been presented, the decision may only be challenged further through the court system as an appellate case.

Thank you for your active citizenship.
Suzi Spahr
Constituent Services
Office of the Governor
(The enlarged font is as it appears in the original.)

First, I'm pleased as punch to have recieved this response. Bravo, Mitch and staff, for being so receptive to your constituents!

Second, this raises an interesting point: Does Indiana's "no-retreat" statute apply in this case? I actually hadn't considered that. At the very least, it's another violation to add to the cornucopia of violations committed by the Indiana Supreme Court.

And last: I am disappointed that Daniels won't be running for President. What a shame.

UPDATE: Mitch Daniels is as good as his word. Indiana's General Assembly passed a bill to overturn the decision in March 9th 2012, and the Governor will be signing it very soon!


  1. Good deal!!! I say we draft Daniels and tell his family to man up! ;)

  2. I feel the same way! However, I have great respect for his decision to protect his family. We know what his 20-something daughters would be put through, by seeing what Bristol Palin has been put through.

  3. True... it's a tough call, but it's my hope they think about it some more... ;)

  4. The Governor can't intervene in court cases, but he can certainly issue pardons. Did he? What has happened to Barnes?

  5. To be honest, Eric, I don't know. I haven't followed what has happened with Barnes personally. I'd be interested to know as well.