So, you just received a “denial” message while trying to purchase a gun. You may be asking yourself, “what does this mean?” or “what do I do now?” The answer to those questions is, it depends. You may have never had any issues purchasing a gun before. Or maybe you had felony but have since had it expunged. Unfortunately, there are many reasons why an individual may be denied when purchasing a firearm, even if you are “legally” able to purchase one. While this blog doesn’t cover the entire realm of NICS Appeals, it does look at three basic tips ... Read More
Category: Appellate Practice
31
May2019
30
May2019
Protective Orders are powerful tools in the legal sphere. Protective Orders can be used to help ensure the safety of individuals in dangerous situations, such as victims of domestic violence. Additionally, Protective Orders can also be used to protect minor children from harmful situations or individuals, such as abusive or drug addicted parents. While Protective Orders are a powerful tool that can be used for good, they can also, by design, be used to wrongfully harm an individual who is not a threat to anyone. The Indiana Court of Appeals recently addressed this situation covered by this blog and overturned ... Read More
30
May2019
Divorces are hard. They bring a lot of emotional heartache. One such tool that couples can use to attempt to avoid some of this heartache in the unfortunate event of a divorce is what is known as a pre-nuptial agreement. Pre-nuptial agreements determine how property will be divided upon divorce. Pre-nuptial agreements are contracts, and like contracts, certain requirements must be met in order to be considered valid. While pre-nuptial agreements are very fact specific, they are generally considered valid as long as they are entered into freely and without fraud, duress, or misrepresentation, and are not unconscionable. What makes ... Read More
29
May2019
The United States Constitution, as well as the Indiana Constitution, protect against “illegal searches and seizures.” This means that a law enforcement officer cannot simply search your person or home, or seize your belongings, unless certain requirements are met. In Indiana, seizures of personal property must be done in accordance with Ind. Code 34-24-1. In a nutshell, property cannot be seized unless it is an incident to an arrest, search, or administrative inspection. Property cannot be seized simply because it looks like a crime may have been committed or looks suspicious. Instead, as the Indiana Court of Appeals reiterated in ... Read More
28
May2019
Many people in Indiana have a general idea of what it means to appeal a decision. The popularity of legal TV shows, true crime shows streamed to our laptops and tablets, and news stories about the reversal of criminal convictions based on DNA evidence or a new United States Supreme Court case all touch on the idea of an “appeal.” We’ve already broadly covered the basics of an appeal in our blog post “What Does It Mean to File an Appeal?” This blog post focuses on a more specific type of appeal – an interlocutory appeal. Read on below to ... Read More
17
May2019
The United States Supreme Court has found that the Fourteenth Amendment protects the fundamental right of parents to make decisions as to care, custody, and control of their children.1 This means that a State has no independent right to interfere in the parent-child relationship. Of course, this, like most other things in life, has its limits. A parent who abuses or neglects their child, for example, has no fundamental right to do so. Children in abusive or otherwise dangerous situations can be protected by the State. The State does this by claiming the child is a child in need of ... Read More
16
May2019
The law is always evolving. Sometimes, the Indiana Court of Appeals and/or the Supreme Court of the State of Indiana issue opinions on cases that parties appeal, and the holdings in those cases create a new precedent for trial courts to follow. Other times, the Indiana General Assembly may draft legislation that their constituents ask for or that addresses an issue that has come about since the legislature last was in session. Fortunately, many counties in Indiana are implementing what is a growing trend by establishing what are generally called “problem-solving” courts. This blog post addresses what these courts do ... Read More
13
May2019
The Indiana Civil Protection Order Act (“ICPOA”)1 was enacted to protect victims of domestic or family violence and promote the prevention of future domestic and family violence2. The Act allows victims to file for an order of protection against members of their own household who have committed domestic or family violence. The Act also allows victims to file for an order of protection against individuals who have committed stalking or a sex offense against the victim. While it is extremely important to protect all victims, it is also important to protect individuals falsely accused of offenses warranting an order of ... Read More
08
Apr2019
Everyone has heard the term “illegal search and seizures.” But what does this mean? In general, the Fourth Amendment of the US Constitution makes unlawful searches and seizures illegal, meaning that any evidence found during an unlawful search cannot be used against you in a court of law1. When it comes to “unlawful searches”, it is not always black and white. There are many exceptions in which a warrant would not be required for a search to be lawful. One example of this is what is known as a “pat-down” by Police Officers. A pat-down of your persons is technically ... Read More
04
Apr2019
Many out there would agree that Grandparents impact our lives in a big way. Whether it be in a role of second parent, friend, mentor, babysitter, financial supporter, et cetera. Simply put, Grandparents serve an important role in many children’s lives. This is the reason that most jurisdictions across the Country have given Grandparent’s some sort of right to visitation with a child, including Indiana. But, this right to visitation is not absolute, and instead, is limited in its application. You have to understand your rights and work with counsel if you want the legal right to contact with your ... Read More