claim of self defense in Indiana

2020“When a claim of self- defense is raised and finds support in the evidence, the State has the burden of negating at least one of the necessary elements.” Wilson v. State, 770 N.E.2d 799, 800 (Ind. 2002).

2017“The standard of review for a challenge to the sufficiency of evidence to rebut a claim of self- defense is the same as the standard for any sufficiency of the evidence claim.” Kimbrough v. State, 911 N.E.2d 621, 635 (Ind. Ct. App. 2009) (citing Wilson v. State, 770 N.E.2d 799, 801 (Ind. 2002)).

2018Gomez v. State, 56 N.E.3d 697, 702 (Ind. Ct. App. 2016).

2017See Gomez v. State, 56 N.E.3d 697, 702 (Ind. Ct. App. 2016) (it is the fact- finder’s purview to decide whether the force employed was reasonable and whether the “State disproved an element of [defendant’s] defense” claim).

2016A claim of self- defense will fail if the person “‘uses more force than is reasonably necessary under the circumstances.’” Weedman v. State, 21 N.E.3d 873, 883 (Ind. Ct. App. 2014), trans. denied (quoting Sudberry v. State, 982 N.E.2d 475, 481 (Ind. Ct. App. 2013)). [13] When a defendant raises a claim of self-defense, the State has the burden of rebutting at least one of the necessary elements.

2015“The standard of review for a challenge to the sufficiency of evidence to rebut a claim of self- defense is the same as the standard for any sufficiency of the evidence claim.” Sudberry v. State, 982 N.E.2d 475, 481 (Ind. Ct. App. 2013) (quoting Wilson v. State, 770 N.E.2d 799, 801 (Ind. 2002).

2014Bryant v. State, 984 N.E.2d 240, 250 (Ind. Ct. App. 2013) (citations omitted), trans. denied.

2014Bryant v. State, 984 N.E.2d 240, 250 (Ind. Ct. App. 2013) (citations omitted), trans. denied.

2019Wallace v. State, 725 N.E.2d 837, 840 (Ind. 2000) (self- defense); Carroll v. State, 744 N.E.2d 432, 434 (Ind. 2001) (sudden heat). [11] When reviewing the sufficiency of the evidence to support a conviction, we consider only the probative evidence and reasonable inferences supporting the fact-finder’s decision.

2014Wallace v. State, 725 N.E.2d 837 (Ind. 2000).

2014Henson v. State, 786 N.E.2d 274, 277 (Ind. 2003).

2006Id.

2020Quinn v. State, 126 N.E.3d 924, 927 (Ind. Ct. App. 2019).

2020Hubbard v. State, 683 N.E.2d 618, 620 (Ind. Ct. App. 1997). [9] The standard for reviewing the sufficiency of evidence to rebut a claim of self- defense claim is the same standard used for any claim of insufficient evidence.

2019Cole v. State, 28 N.E.3d 1126, 1137 (Ind. Ct. App. 2015).

2019Wallace v. State, 725 N.E.2d 837, 840 (Ind. 2000) (self- defense); Carroll v. State, 744 N.E.2d 432, 434 (Ind. 2001) (sudden heat). [11] When reviewing the sufficiency of the evidence to support a conviction, we consider only the probative evidence and reasonable inferences supporting the fact-finder’s decision.

2019Randolph, 802 N.E.2d at 1015 (finding that any instructional error was harmless, and thus counsel was not ineffective, where defendant shot victim multiple times, and because “[f]iring multiple shots undercuts a claim of self- defense,” there was overwhelming evidence before the jury that defendant’s claim of self-defense was without merit).

2018Burnside v. State, 858 N.E.2d 232, 239 (Ind. Ct. App. 2006).

2018Geralds v. State, 647 N.E.2d 369, 373 (Ind. Ct. App.1995), trans. denied. [9] The State has the burden of disproving at least one element of a claim of self- defense.

2017“The standard of review for a challenge to the sufficiency of evidence to rebut a claim of self- defense is the same as the standard for any sufficiency of the evidence claim.” Kimbrough v. State, 911 N.E.2d 621, 635 (Ind. Ct. App. 2009) (citing Wilson v. State, 770 N.E.2d 799, 801 (Ind. 2002)).

2017“The State may meet this burden by rebutting the defense directly, by affirmatively showing the defendant did not act in self-defense, or by simply relying upon the sufficiency of its evidence in chief.” Miller v. State, 720 N.E.2d 696, 700 (Ind. 1999).

2016A claim of self- defense will fail if the person “‘uses more force than is reasonably necessary under the circumstances.’” Weedman v. State, 21 N.E.3d 873, 883 (Ind. Ct. App. 2014), trans. denied (quoting Sudberry v. State, 982 N.E.2d 475, 481 (Ind. Ct. App. 2013)). [13] When a defendant raises a claim of self-defense, the State has the burden of rebutting at least one of the necessary elements.

2016Cooper v. State, 854 N.E.2d 831, 838 (Ind. 2006). [22] Taken together, this is sufficient evidence from which a reasonable fact-finder could conclude that Buchanan acted as an aggressor and, whatever his concerns, was not in reasonable fear or apprehension of bodily harm from Rowe.

2015“Firing multiple shots undercuts a claim of self- defense.” Hood v. State, 877 N.E.2d 492, 497 (Ind. Ct. App. 2007), trans. denied. [8] The evidence that Sanders was unarmed and Walton shot him nine times was sufficient to negate Walton’s claim of self-defense.

2014White v. State, 699 N.E.2d 630, 635 (Ind. 1998).

2014Sanders v. State, 704 N.E.2d 119, 123 (Ind. 1999).

2014Taylor v. State, 710 N.E.2d 921, 924 (Ind. 1999). … The standard of review for a challenge to the sufficiency of evidence to rebut a claim of self- defense is the same as the standard for any sufficiency of the evidence claim.

2013Tharpe v. State, 955 N.E.2d 836, 844 (Ind.Ct.App.2011), trans. denied.

2013In reviewing a challenge to sufficiency of the evidence, we do not “reweigh the evidence or judge the credibility of the witnesses” rather we respect “‘the jury’s exclusive province to weigh conflicting evidence.’” McHenry v. State, 820 N.E.2d 124, 126 (Ind. 2005) (quoting Alkhalidi v. State, 753 N.E.2d 625, 627 (Ind. 2001)).