Ciyou & Dixon, P.C. has a significant practice area addressing civil and criminal appeals taken to the Indiana Court of Appeals and sought to be transferred to the Indiana Supreme Court. Typically, these cases come by referral from other attorneys or because a litigant wants to change counsel for a fresh appellate perspective. We find that in meeting with most appellate clients, there are a number of checklist items that a client may bring to keep costs down (i.e., to keep the lawyer from spending time collecting something the client may easily obtain) and make for meaningful appellate consults and representation. They ...
September 8, 2011CD
One of the remarkable aspects of law, somewhat unlike medicine where insurance requirements often dictates medical care providers, is the ability to choose your legal counsel of choice. Selecting competent counsel in your legal area is but a starting point. There are many other variables that might merit consideration. Why? Most often, a legal matter involves an actual present or future potential conflict. This can have profound financial consequences (such as for a business client) to the loss of liberty (for a criminal client). Thus, prevailing, or failing to do so, should be backstopped by a confidence in legal counsel. At Ciyou ...
August 2, 2011CD
So you might need to or want to appeal an adverse decision in a civil or criminal case? While there are some differences between these two types of cases, there are many more commonalities. To get your appeal off on the right legal footing, it is important to understand 9 common mistakes that may impair or preclude this right. This understanding will allow you, whether you are the lawyer or the client, to identify common mistakes that we observe at Ciyou & Dixon, P.C. across a wide spectrum of appeals. These shortfalls may occur during trial or before the Notice ...
May 26, 2011CD
If you are considering an Indiana criminal or civil appeal, there are 10 things your appellate lawyer needs to know or be provided by you to evaluate, perfect and promulgate the appeal: The date of the final order to be appealed (or interlocutory order), including the date it was signed, file stamped and entered onto the Chronological Case Summary. A copy of the Order and Chronological Case Summary (general judgment or special findings). Sentencing order or abstract of judgment in criminal cases. Motion(s) or pleading(s) underlying the matter on appeal. A time line of the facts underlying the issue on appeal. Any theory you have or ...
May 24, 2011CD
"To Appeal or Not to Appeal: The Four Best Types of Cases or Issues to Raise on Appeal." The few hundred trial courts and judges that comprise Indiana state courts handle nearly 2 million cases at any one time. These courts, primarily through the judge (there are relatively few jury trials), are tasked with what is a difficult job on a good day and impossible on other days. The terrorism of Sept. 11, 2001, provides just such an example. Did the two jets that were flown into the World Trade Center’s twin towers constitute one act of terrorism or two? ...
May 23, 2011CD
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 ...
May 3, 2011CD