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.
C. Bradford
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.
Nicholson v. State, No. 55A01-1005-CR-251, __ N.E.2d __ (Ind. Ct. App., Apr. 29, 2011)
Single phone call was not “repeated or continuing harrassment” required for stalking, and even if phone calls from period two years’ earlier were considered this element was not proven.
Beeler v. State, No. 49A05-1007-CR-456, __ N.E.2d __ (Ind. Ct. App., Apr. 27, 2011)
The transcript contained no admissions by the probationer of the alleged probation violation, and without such admissions the revocation without a hearing would be fundamental error, but as there was a notation in the CCS that an admission was made and this notation was presumptively true, the probationer failed to demonstrate fundamental error.
Devlin v. Peyton, No. 49A02-1008-DR-902, ___ N.E.2d ___ (Ind. Ct. App., Mar. 18, 2011)
Dissolution court cannot sua sponte assume jurisdiction over adoption of child of the marriage when adoption is pending in another court.