Attorney Searched for Gun at Courthouse

[WebSnyper]

Next stop- Court of Appeals.

Good luck.

Thank you, sir.

I'll be asking for oral argument.

So catching up, did this go to the next step as yet?

 

[Kirk Freeman]

Awaiting Attorney General's brief, due late March. I would not anticipate a decision until late summer.

Remember, the issue is fairly narrow. Whether her behavior falls within the scope of Judicial Immunity.

 

[HoughMade]

Petition to Transfer?

 

[Kirk Freeman]

Going to meditate on it, but unlikely given language from court. Malice and corruption are not a factor. Judicial immunity is far broader than what I anticipated the Court of Appeals allowing.

 

[HoughMade]

Going to meditate on it, but unlikely given language from court. Malice and corruption are not a factor. Judicial immunity is far broader than what I anticipated the Court of Appeals allowing.

I agree with this analysis.

 

[Kirk Freeman]

I thought arguing for a limited exception based on other non-applications of judicial immunity was viable.

[FONT=&amp]“[J]udicial immunity is granted even when judges act maliciously or corruptly.”[/FONT][FONT=&amp]

I respectfully disagree, but must acknowledge reality if there is no malice or corruption window to judicial immunity.

[/FONT]

 

[historian]

What did I miss? Where did this come from? Kirk, did the bad man touch you again?

 

[IndyDave1776]

I thought arguing for a limited exception based on other non-applications of judicial immunity was viable.

[FONT=&]“[J]udicial immunity is granted even when judges act maliciously or corruptly.”[/FONT][FONT=&]

I respectfully disagree, but must acknowledge reality if there is no malice or corruption window to judicial immunity.

[/FONT]

To this layman's ear, that sounds like "judges are above the law--get over it."

 

[Kirk Freeman]

What did I miss? Where did this come from? Kirk, did the bad man touch you again?

Just me making the front page of The Indiana Lawyer. Court of Appeals decision was handed down May 6th.

https://www.in.gov/judiciary/opinions/pdf/05061901ewn.pdf


“[J]udicial immunity is granted even when judges act maliciously or corruptly.”

I respectfully disagree.

 

[rhino]

Just me making the front page of The Indiana Lawyer. Court of Appeals decision was handed down May 6th.

https://www.in.gov/judiciary/opinions/pdf/05061901ewn.pdf


“[J]udicial immunity is granted even when judges act maliciously or corruptly.”

I respectfully disagree.

I don't know much about the law, but that sentence sounds really bad to me.

 

[Alamo]

...

“[J]udicial immunity is granted even when judges act maliciously or corruptly.”

That certainly "...ensures the greatest possible public confidence in their independence, impartiality, integrity, and competence."

 

[Alpo]

I guess the guys who shot the two judges in front of White Castle had heard of the immunity clause for judges.

 

[historian]

Just me making the front page of The Indiana Lawyer. Court of Appeals decision was handed down May 6th.

https://www.in.gov/judiciary/opinions/pdf/05061901ewn.pdf


“[J]udicial immunity is granted even when judges act maliciously or corruptly.”

I respectfully disagree.

SCOIN? Or are you done?

 

[actaeon277]

Are we losing faith in the "system" yet?

 

[cosermann]

If they wanted to, the legislature could address this issue, no?

 

[Mark 1911]

Kirk,

So if I understand this correctly, you can carry legally inside the courthouse, but you are being denied the right to appeal? Is that correct?

Seems f'd up to me, in laymen's terms.

 

[rhino]

Just me making the front page of The Indiana Lawyer. Court of Appeals decision was handed down May 6th.

https://www.in.gov/judiciary/opinions/pdf/05061901ewn.pdf


“[J]udicial immunity is granted even when judges act maliciously or corruptly.”

I respectfully disagree.

This is bothering me. Is a legislative solution possible and advisable to minimize future bad behavior?

 

[HoughMade]

This is bothering me. Is a legislative solution possible and advisable to minimize future bad behavior?

Possible and advisable? Sure.

Not going to happen any time soon.

 

[BiscuitsandGravy]

Possible and advisable? Sure.

Not going to happen any time soon.

I think 'WWMD' would be sound advice... Nada.

 

[Kirk Freeman]

Kirk,

So if I understand this correctly, you can carry legally inside the courthouse, but you are being denied the right to appeal? Is that correct?

Seems f'd up to me, in laymen's terms.

One cannot carry inside the courthouse. My lawsuit for defamation for being falsely accused of a crime was thrown out because of judicial immunity. The Court of Appeals upheld that decision holding that judicial immunity, even if judge malicious or corrupt, trumps any individual claim.

See if this helps:

1. You cannot legally carry in the Tippecanoe County courthouse.

2. Tippecanoe County purchased 111 North 4th Street from Huntington Bank. 111 North 4th Street is ACROSS THE STREET from the courthouse here.

3. 111 North was to house the Prosecuting Attorney and Public Defender (regular and conflict).

4. 111 North opened in April while I was at the NRAAM in Atlanta 2017.

5. When I returned the Chief Deputy Public Defender invited me over for a tour of 111 North 4th.

6. While on the "tour" on May 2, 2017 I noted that there were metal detectors. I asked why. I was told there was a courtroom in the basement of 111 North 4th Street. I went downstairs. There was a dark, locked room with stacked chairs (and a gym for the prosecutors). (IF NO COURTROOM AT 111 NORTH 4TH THEN PUBLIC CAN CARRY IN .GOV BUILDING)

7. I walked out of 111 North 4th Street to the County Building, Commissioners' Office to fill out a APRA (Indiana's FOIA request) about 111 North 4th Street the same day, May 2nd.

8. Pinner comes out May 9, 2017. I put the decision on my Facebook blog and then 2 days later link Guy Relford's article on Pinner. No comments either time. Several attorneys ask me questions about Pinner in the courthouse for several days after it is out, IIRC mostly drug cases, stops, frisks, inter alia.

9. May 17, 2017 I am asked to step into a bathroom.

10. Sheriff deputies clam up over who made false report that I was carrying gun. I file ITR27 to depose cops.

11. Newspaper breaks story that it was Tricia Thompson. I confirm with Sheriff Richard that it was indeed Tricia Thompson who made false report. Judge Busch, Circuit Court, denied my 27.

12. A criminal complaint is made about the false report. No action taken.

13. I sue in Tippecanoe Superior Court 4 for defamation June 2018.

14. October 2018 Special Judge grants defendant's motion to dismiss because of judicial immunity.

15. I appeal and we now have Court of Appeals decision which I may or may not ask Indiana Supreme Court to review.