Ault v. State, No. 49A04-1008-CR-492, __N.E.2d __ (Ind. Ct. App., June 2, 2011)

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.

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Kendrick v. State, No. 49A02-1003-CR-300, __ N.E.2d __ (Ind. Ct. App., May 26, 2011)

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.

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Robertson v. B.O., No. 49A04-1009-CT-528, ___ N.E.2d ___, (Ind. Ct. App., May 23, 2011)

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.

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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.

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Barnes v. State, No. 82S05-1007-CR-343, __ N.E.2d __ (Ind., May 12, 2011)

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.”

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