Defendant’s testimony is not necessary for establishing self-defense, but defendant’s subjective state of mind may be inferred from the circumstances to establish self-defense.
When defendant shot a pregnant bank teller in the abdomen, causing the death of her twins, Indiana Double Jeopardy permitted a sentence only for attempted murder of the teller and required vacation of the sentences on two counts of feticide.
The Indiana Patient’s Compensation Fund can introduce evidence concerning the existence and compensable nature of plaintiff’s damages after the plaintiff entered into a settlement with the healthcare provider settling the claim of medical malpractice.
French v. State Farm Fire & Cas. Co., No. 18A02-1005-PL-489, ___ N.E.2d ___ (Ind. Ct. App., May 26, 2011)
In a real estate insurance context, even if a homeowner conceals or fails to disclose the true value or nature of his home, failure to disclose true value will not give rise to a rescission claim; insurance companies are in a better position to accurately ascertain the value of a home than most homeowners and if they don’t ascertain the value of the home, they do so at their own peril.
Affirms trial court refusal to instruct on right to resist illegal police entry of home, as “a right to resist an unlawful police entry into a home is against public policy and is incompatible with modern Fourth Amendment jurisprudence.”