All final orders issued from Indiana trial courts may be appealed as a matter of right. Most appeals first go to the Indiana Court of Appeals. The appeal process is all done by written briefs based on the record (testimony and exhibits) from the trial court that decided the issues. In most cases, trial attorneys defer to those who routinely practice in the appellate realm to prepare the appeal. This means you most likely change counsel. In an appellate ... Read More
12
Jun2018
06
Jun2018
Most of us understand we have a Fifth Amendment privilege against self-incrimination. This means in any civil matter, administrative proceeding, or criminal context, we can choose to assert our Fifth Amendment privilege and remain silent; we cannot be forced to say anything that might expose (incriminate) us to criminal prosecution. This blog explores a key case now brought by the defense and appellate attorneys to the Indiana Court of Appeals1 that will decide if the Fifth Amendment privilege applies to ... Read More
31
May2018
Over time, we have reviewed many cases for appeal where the party has been dissatisfied with the trial court’s decision and wishes to appeal. In almost all cases, to preserve the right to bring an appeal, it is begun or perfected by filing a Motion to Correct Errors or Notice of Appeal. If properly handled, these allow for an appeal to proceed. However, there are three rather common situations we observe where a party wishes to appeal but ... Read More
15
May2018
Life is messy. Divorce really is messy and emotional; this plays out in the courtroom. Trial court judges often face the presentation of evidence in final hearings that is disorganized and ranges from notes and texts to emails and photos. With highly contested divorces, there may be multiple days of hearings over many months or even years. Mostly, for this reason, there are three common mistakes that occur in final decrees that make for strong appeals. This blog covers these three issues for ... Read More
18
Apr2018
A significant number appeals taken to the Indiana Court of Appeals stem from paternity and divorce cases. In most cases, the appeal involves some form of disagreement regarding child custody orders issued by the trial court. This blog explores the three most common types of appeals, what you need to know to make an informed choice to appeal, and what kinds of issues are stronger for a “win” on appeal.1
The first type of appeal is the original ... Read More
26
Mar2018
Every litigant in Indiana administrative proceedings or trial courts has the ultimate right to appeal to the Indiana Court of Appeals. Trial courts make many orders, but typically it is the last one deciding the issues that is the final order that is subject to appeal. Usually. However, life and law are complex and sometimes an appealed order is not final as to all of the issues or not a final order at all. A recent case, ... Read More
22
Feb2018
And What Happens If You Miss the Deadline?
In most criminal and civil cases, there are many court orders issued. These are “interlocutory” (temporary) orders to move a case to a final order and are not normally appealed. There are provisions to appeal certain “interlocutory” orders1 as a matter of right (during trial court proceeding) and by the discretion of the trial court (an order trial court must certify the interlocutory order for appeal and the Court of Appeals has to then accept the ... Read More
10
Jan2018
Sometimes litigants are shocked and upset by a final order of a trial court in civil litigation and want to stay or “stop” it pending an appeal. In general civil cases, a party has to first ask for this stay in the trial court1 and present the reasons for a stay as set out in the trial rules. In essence, these rules require that for a stay to be considered, it must demonstrate that if the party prevails on appeal, ... Read More
02
Jan2018
With the age of the internet, most legal consumers have some working knowledge of the issues surrounding their case in a trial court or on appeal. While appeals are much rarer than trial court proceedings, there is still good general information available online about appeals. A little research shows that most appeals involve issues of fact or law. With pure questions of fact, the appellant’s position (on appeal) is the trial court did not properly weight the facts or excluded key facts. Questions of law, which make for stronger ... Read More
14
Dec2017
Appeals to the Indiana Court of Appeals and Indiana Supreme Court are meant to provide litigants and attorneys with very specific guidance by and through the Appellate Rules to take an appeal through the appellate process. These Rules ensure uniformity, efficiency, and, ultimately, justice.
However, in life and law, there are certain circumstances where rules fall short, and life liberty and property hang in the balance. In a rare glimpse into how Indiana’s highest court, the Indiana Supreme Court, handles these situations, it decided a case ... Read More