On rehearing, “we hold that the Castle Doctrine is not a defense to the crime of battery or other violent acts on a police officer,” and “[w]e also emphasize that this holding does not alter, indeed says nothing, about the statutory and constitutional boundaries of legal entry into the home or any other place.”
S. David
Lucas v. U.S. Bank, N.A., No. 28S01-1102-CV-78, ___ N.E.2d ___ (Ind., Sept. 15, 2011)
“If equitable and legal causes of action or defenses are present in the same lawsuit, the court must examine several factors of each joined claim — its substance and character, the rights and interests involved, and the relief requested. After that examination, the trial court must decide whether core questions presented in any of the joined legal claims significantly overlap with the subject matter that invokes the equitable jurisdiction of the court. If so, equity subsumes those particular legal claims to obtain more final and effectual relief for the parties despite the presence of peripheral questions of a legal nature. Conversely, the unrelated legal claims are entitled to a trial by jury.”
Curtis v. State, No. 49S02-1010-CR-620, __ N.E.2d __ (June 14, 2011)
“We hold that pending criminal charges do not violate a defendant’s right to due process if (1) the trial court has not involuntarily committed the defendant and (2) the trial court has not made an appropriate finding that the defendant will never be restored to competency. We also hold that . . . the trial court should have granted the defendant’s motion to dismiss and discharge under Indiana Criminal Rule 4(C).”
Sloan v. State, No. 18S04-1009-CR-502, __ N.E.2d __ (Ind., June 1, 2011)
“[O]nce concealment has been established, statutes of limitations for criminal offenses are tolled under Indiana Code section 35-41-4-2(h) (2008) until a prosecuting authority becomes aware or should have become aware of sufficient evidence to charge the defendant.”
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.”