Barry L. Jewell, after a jury trial, was convicted of burglary with a deadly weapon resulting in serious bodily injury, a class A felony, and battery resulting in serious bodily injury, a class C felony. Jewell was sentenced to an aggregate term of 48 years imprisonment.  After a retrial, Jewell appealed. The Indiana Court of Appeals affirmed.

Facts

In 1989, Bridget Fisher, who later married Jewell and changed her name to Bridget Jewell, purchased a home on contract in her maiden name from her relatives. Bridget and Jewell lived in the house together on and off before and after they married in 1990. Jewell helped fix the house up and therefore had some “sweat equity” in the house......

1. List all of the facts relevant to determining whether Barry Jewell burglarized his own home.

2. How does the state of Indiana define the “dwelling of another” element?

3. How did the court arrive at the conclusion that Barry Jewell burglarized his own home?

4. What’s the reason for the “unauthorized entry” requirement?

5. Do you agree with it? Defend your answer.