What makes our society safe (police) and free (doing what you want) is the delicate balance of power created by the Fourth Amendment to the United States Constitution. For Hoosiers, there is also a balance of power created by Article 1, Section 11 of the Indiana Constitution.
A topic not well understood but in the daily news is when the police act (or fail to act). For police and citizens there is no agreement in any given case, but do ... Read More
09
Aug2017
22
Jun2017
In civil litigation, the trial and any appeals are one-and-done. This means that except for extraordinary circumstances, such as later trying to re-open the case,1 a civil case later brought on the same issues or matter cannot be re-litigated under legal doctrines known as res judicata and/or collateral estoppel.2 This blog post addresses child custody and related matters, such as support, that can always be re-litigated and why an appeal of an unfavorable judgment may be still vital.
As noted, ... Read More
24
May2017
A great deal of criminal law turns on bedrock constitutional tenets set forth in the United States Constitution, in particular, the Fourth, Fifth and Sixth Amendments. Anytime police are searching your car or home, the Fourth Amendment applies in several ways. One of the misunderstood concepts is protective sweeps for officer safety, a topic again just addressed by the Indiana Court of Appeals.
Obviously, at this time with police officers in some areas being targeted, it makes sense that in a stop of a car or ... Read More
23
May2017
With each appeal taken to the Indiana Court of Appeals (“Court”), the appellant (bringing the appeal) and appellee have the right to file a brief of about thirty pages with the Court. However, the appellant has the right to have the last say and file one last brief to the appellee’s brief. At a recent, appellate continuing education seminar, attorneys and practitioners had the ability to exchange ideas and tips for making “more appeal” to an appeal. This blog covers three unique ... Read More
18
May2017
Several years ago, the Indiana General Assembly passed a comprehensive civil protective order act. This legislation was aimed at addressing the problem of domestic violence within certain family units. Now, a version of this uniform act is adopted in virtually every state.
There is a national depository where domestic protective orders are immediately placed online and available to law enforcement agencies throughout the United States. However, there is growing concern that these are abused by certain litigants in domestic cases, particularly contested divorce and paternity matters.
This ... Read More
16
May2017
Civil appeals are guided by very rigid appellate rules. Generally, missing an appellate deadline precludes a civil appeal. The only remedy is a malpractice action against counsel who failed to advise his or her of the appellate deadline or missed this deadline.
This is unlike criminal appeals, where belated appeals may be allowed due to the potential loss of life and liberty by incarceration. This blog explores a very narrow remedy that the Indiana Court of Appeals and Supreme Court have embraced where the facts of ... Read More
04
Apr2017
While most people have some general understanding of the process that occurs in a trial, appeals are far different and the entire process is not generally reflected on television or by the general experience of the public. In this blog, the four cornerstones of an appeal are identified and addressed. The more you understand about any the process, the better able you will be to aid your attorneys in helping you make the best appeal to the Indiana Court of Appeals.1
The first and most ... Read More
20
Mar2017
Indiana is fortunate to have an intermediate court, the Indiana Court of Appeals, where final judgments from Indiana’s trial courts may be taken as a matter of right for most of the tens of thousands of cases decided each year. This blog post focuses on the ways this Court may decide and rule on an appeal.
In the broadest terms, there are two primary “options” the Court of Appeals may rule, labeled: “Affirmed” or “Reversed”. Affirming a trial court order agrees ... Read More
10
Jan2017
In Indiana, there are two higher courts a party may seek an appeal from any final trial court order. There is an appeal as a matter of legal right to the Indiana Court of Appeals. A party dissatisfied with a decision of the Indiana Court of Appeals may seek discretionary transfer to the Indiana Supreme Court. This blog covers the five most common types of appeals taken to the Indiana Court of Appeals from final orders in domestic cases (i.e., paternity, ... Read More
14
Dec2016
Under Appellate Rule 9, a party generally has the right to appeal a final judgment to the Indiana Court of Appeals. This order is the one that decides the case. However, an appeal has some very key limitations that are easy to misunderstand and miss when deciding to appeal. This blog post covers three important such issues that generally cannot be waived on appeal.
First, if key evidence is not introduced at trial (for whatever reason) it cannot be in some way supplemental ... Read More