law of self defense (Indiana) · Go Syfert
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law of self defense in Indiana

6 Indiana opinions name it 2 courts 1897–2025 1 in the last five years

The cases below were cited by Indiana courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

CaseFollowedCited
United States v. Bennie L. Petersongreen
cadc · 1973 · cited in 1 Indiana opinions naming this issue, 2025–2025
1 sentence

2025At trial, there was nothing but speculation to support a finding that Kimbrough reasonably believed that Joshua and/or Eli were about to use unlawful force against him and/or his coworkers and that deadly force was necessary to prevent serious bodily injury. 2 [37] Our Supreme Court has stated that “the law of self defense is a law of necessity; the right of self-defense arises only when the necessity begins, and equally ends with the necessity; and never must be the necessity be greater than when the force employed defensively is deadly.” Whipple v. State, 523 N.E.2d 1363, 1366 (Ind. 1988) (a

11
Whipple v. Stategreen
ind · 1988 · cited in 1 Indiana opinions naming this issue, 2025–2025
1 sentence

2025At trial, there was nothing but speculation to support a finding that Kimbrough reasonably believed that Joshua and/or Eli were about to use unlawful force against him and/or his coworkers and that deadly force was necessary to prevent serious bodily injury. 2 [37] Our Supreme Court has stated that “the law of self defense is a law of necessity; the right of self-defense arises only when the necessity begins, and equally ends with the necessity; and never must be the necessity be greater than when the force employed defensively is deadly.” Whipple v. State, 523 N.E.2d 1363, 1366 (Ind. 1988) (a

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Indiana. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
Harvey v. State green
indctapp · 1995
2 sentences

2009The trial court instructed the jury: "A person who is not in his home or fixed place of business and is carrying a handgun without a license eannot by law claim the protection of the law of self defense." Id. at 876 .

2003The trial court instructed the jury as follows, "A person who is not in his home or fixed place of business and is carrying a handgun without a license cannot by law claim the protection of the law of self defense." Id. at 876 .

42001–2009
Snyder v. State neutral
ind · 1877
1 sentence

1897Said instructions, when considered together, correctly stated the law applicable to the facts of this case; and the cases of Hunter v. State, 101 Ind. 241 ; Bird v. State, 107 Ind. 154 , and Snyder v. State, 59 Ind. 105 , cited by appellant, are not in point here.

11897–1897
Hunter v. State neutral
ind · 1885
1 sentence

1897Said instructions, when considered together, correctly stated the law applicable to the facts of this case; and the cases of Hunter v. State, 101 Ind. 241 ; Bird v. State, 107 Ind. 154 , and Snyder v. State, 59 Ind. 105 , cited by appellant, are not in point here.

11897–1897
Bird v. State green
ind · 1886
1 sentence

1897Said instructions, when considered together, correctly stated the law applicable to the facts of this case; and the cases of Hunter v. State, 101 Ind. 241 ; Bird v. State, 107 Ind. 154 , and Snyder v. State, 59 Ind. 105 , cited by appellant, are not in point here.

11897–1897

Statutes the citing opinions construe

IN § Ind. Code § 35-41-3-2 (5)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

TX 23 (1949–2024) FL 9 (1907–1988) CA 8 (1868–2016) IN 6 (1897–2025) WA 5 (2001–2019) WY 4 (1922–2013) PA 4 (1976–2015) CO 3 (1994–2025) MD 3 (2016–2021) CT 2 (1988–2014) VA 2 (1998–2023) DC 2 (2018–2023) MI 2 (1975–1993) TN 2 (1970–2004) OH 2 (1998–2009)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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