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.
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.”
Davis v. State, No. 45A05-1008-CR-502, __ N.E.2d __ (Ind. Ct. App., May 12, 2011)
The “trial court abused its discretion when it allowed a police detective to testify as a skilled witness that the denominations of money found on the defendant were indicative of drug dealing.”
Kentucky v. King, No. 09–1272, __ U.S. __ (May 16, 2011)
Exigent circumstances exception permitting warrantless search of a home when police reasonably believe criminal evidence is being destroyed within applies even though the police’s lawful knock and announce at the house door is what prompts the inhabitants to destroy the evidence.
Coleman v. State, No. 20S03-1008-CR-458, __ N.E.2d __ (Ind., May 18, 2011)
Fifth Amendment Double Jeopardy clause does not preclude State “from retrying a defendant where in the first trial the jury acquitted the defendant of murder with respect to one victim but failed to return a verdict on a charge of attempted murder with respect to another victim.”