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.”
R. Rucker
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.”
City of Indianapolis, et al v. Armour, et al, No. 49S02-1007-CV-402, ___ N.E.2d ___ (Ind., May 10, 2011)
A city resolution which only forgave outstanding assessment balances, and did not refund assessment money to those that paid the assessment, does not violate the Equal Protection Clause of the Fourteenth Amendment because it was rationally related to a legitimate governmental interest.
Nicoson v. State, No. 32S04–1003–CR–150, __ N.E.2d __ (Ind., Dec. 15, 2010)
Five year enhancement for use of a deadly weapon added to sentence for criminal confinement while armed with a deadly weapon was permitted by statute and by double jeopardy protection.
Termination of Parent-Child Relationship of I.A., No. 62S01-1003-JV-148, __ N.E.2d __ (Ind., Oct. 5, 2010)
Evidence to terminate father’s parental rights was insufficient in this case in which the child had not been living with the father.