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How to take a case to the Indiana Supreme Court or United States Supreme Court.

As counselors and advocates in the law, we often find clients fundamentally misunderstand the ability to take an individual case to the highest court in the State, the Indiana Supreme Court, or  to the United States Supreme Court.

For the most part, these Courts do not focus on correction of errors made by lower courts. However, all rules have exceptions, and because of the loss of life (death penalty) or freedom (incarceration), these courts do consider the factual and legal merits of these cases in the right circumstances.

In Indiana, the Indiana Supreme Court does take direct transfer of some more serious criminal cases, namely where a sentence of death or  life imprisonment without parole. In civil matters, a few proceed directly to it as a matter of right, such as where a trial court finds a statute unconstitutional. In the balance of cases, a Petition to Transfer must be filed and accepted by the Indiana Supreme Court.

The types of cases the Indiana Supreme Court typically exercises its discretion and takes are those of important policy, reflects a conflict in the law, or where the law is ambiguous or needs clarification. As such, it is incorrect to presume any citizen can have his or her case heard by the Indiana Supreme Court.

Equally, under state or federal law, a person or entity may ask the United States Supreme Court to accept an issue. As a general rule, these cases must have first been presented to the highest appellate court, and either decided or rejected.

Statistically speaking, the types of cases in which the United States Supreme Court exercises its discretion and grants Cert. are those of great public policy importance or where there is conflict between the federal appellate circuits.

Inasmuch, at Ciyou & Dixon, P.C. we note in this post the relief available in lower courts is more likely to be successful. No step in lower judicial proceedings should be neglected for these higher courts. Nevertheless, with the right type of legal issues, a litigant may reach either or both of these higher courts.

Ciyou & Dixon, P.C. attorneys handle appeals in Indiana state and federal courts.

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Ciyou & Dixon, P.C., is a law firm located in Indianapolis, Indiana. We serve clients in six core practice areas: family lawappellate practicefirearms lawgeneral practicepersonal injury and criminal law.

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Based in Indianapolis and founded in 1995, Ciyou & Dixon, P.C. is a niche law firm focused on successfully dealing with the complexities of divorce, high-conflict child custody and family law. Known for their ability to solve extremely complex situations with high quality work and responsiveness, Ciyou & Dixon will guide you every step of the way. The family law attorneys at Ciyou & Dixon, P.C. will help you precisely identify your objectives and the means to reach your desired result. In addition, this practice focus is augmented by the firm's other three core areas, namely appellate advocacy, civil practice, and firearms law. Life is uncertain. Be certain of your counselSM.

Indianapolis Divorce Attorneys, Ciyou & Dixon, P.C. of Indianapolis, Indiana, offers legal services for Indianapolis, Zionsville, Noblesville, Carmel, Avon, Anderson, Danville, Greenwood, Brownsburg, Geist, Fortville, McCordsville, Muncie, Greenfield, Westfield, Fort Wayne, Fishers, Bloomington, Lafayette, Marion County, Hamilton County, Hendricks County, Allen County, Delaware County, Morgan County, Hendricks County, Boone County, Vigo County, Johnson County, Hancock County, and Tippecanoe County, Indiana.