David Cupello v. State of Indiana

NAJAM, Judge.

[1] In Barnes v. State, 953 N.E.2d 478, 474-75 (Ind.2011), our supreme court held on rehearing that “the Castle Doctrine is not a defense to the crime of battery or other violent acts on a police officer.”1 In so holding, the Barnes court noted that “[t]he General Assembly can and does create statutory defenses to the offenses it criminalizes, and the crime of battery against a police officer stands on no different ground. What the statutory defenses should be, if any, is in its hands.” Id. at 475.

[2] In its legislative response to Barnes, the General Assembly found and declared…