Many people are somewhat familiar with the process that lawsuits – whether civil or criminal – go through from the time they are filed to their conclusion. Maybe you’ve learned this in a civics class, you’ve actually been a part of a civil or criminal proceeding (whether as a witness or a party), you’ve gone through a divorce, or you’ve served on a jury. What you may be less familiar with is an administrative proceeding. Administrative proceedings can take a number of different forms, so it can be helpful to identify several agencies in Indiana with whom you may be ... Read More
Category: Appellate Practice
03
Apr2019
01
Apr2019
The United States Supreme Court has long recognized the “fundamental right of parents to make decisions concerning the care, custody, and control of their children.”1 This fundamental right to parent is why the Indiana Courts place the burden of proof on the Department of Child Services (“DCS”) when it comes to proving that a child is a child in need of services (“CHINS”). Specifically, our Indiana Supreme Court has found that DCS must prove three basic elements for a CHINS finding.2 Those elements are: (1) that the parent’s actions or inactions have seriously endangered the child; (2) that the child’s ... Read More
27
Mar2019
The digital age is an exciting time. New developments in technology are routinely made, bringing about changes that have the potential to affect our daily lives. But with these new advances comes changes to the legal landscape. These new changes have the potential to dramatically change your life, and as such, require your attention. One of the most drastic changes in the legal world has been the use of cell phones as a source of evidence. This hot button topic was the source of a recent Indiana Court of Appeals decision, in which the Court reversed a woman’s criminal conviction1. ... Read More
20
Mar2019
Anyone who has found themselves in the unenviable position of being in a traffic stop knows the stress and panic it can cause. Whether it be a DUI check-point, a rear headlight being out, or failure to use a turn signal, no one likes being pulled over. You may ask yourself, “can a police officer pull you over at any time?” or “what are the limits on being pulled over?” While there are no hard and fast rules governing traffic stops, the United States Supreme Court has set out limits. The Supreme Court has stated that a police officer can ... Read More
14
Mar2019
Divorce is a process that affects a multitude of aspects in a family’s life. Relationships that were premised on lasting are being dissolved between spouses. New living arrangements may take place. Parents’ time with the children may be drastically altered. A two-income household where parents share responsibilities is split, and now each spouse may be entirely responsible for their own household – both financially and in terms of day-to-day upkeep. This change can be tremendously stressful and is certainly an emotional process. The attorneys at Ciyou & Dixon, P.C. are cognizant of this fact; however, the major issues surrounding a ... Read More
13
Mar2019
As stated in Ciyou & Dixon, P.C.’s blog post of February 25, 20191 (read it here) the idea of cohabitation between partners has become common in the United States. Couples may cohabit for a variety of reasons – younger individuals are choosing to cohabit before marriage at an increasing rate; partners with children may choose not to marry for a variety of reasons; some who have been “burned” by a past marriage may vow never to get married again but have found a new partner with whom they enjoy sharing their life; some may want to avoid the expense and ... Read More
08
Mar2019
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.” But what does an “appeal” really mean, and what can you do to set yourself up for success if you find yourself having to appeal a decision from a trial court?1 These questions are addressed in this blog post.
An appeal ... Read More
06
Mar2019
Anyone who has dealt in the administration of an estate knows the amount of work that goes into it. Whether it be the estate of a recently passed loved one, a family member, or a friend, administration of an estate becomes tough due to the emotions typically involved with the passing of someone close to you. You may find yourself asking what to do? Where do you go for questions? What rights does a deceased individual’s estate continue to have? The Indiana Supreme Court touched on this last question in its recent decision of Estate of Shaner v. Milford1.
In the ... Read More
27
Feb2019
Most individuals are aware of the social media app Snapchat. For those unfamiliar, Snapchat is an app that allows its users to send and post pictures or videos for a specified amount of time. After that specified time expires, the video or picture is “deleted.” Unfortunately, once something is uploaded to the internet, it is never truly “deleted.” As such, individuals all over are seeing the consequences of posting incriminating pictures and videos to social media apps. But, can any picture or video you have ever posted be used against you? Are there limits to when your social media posts ... Read More
25
Feb2019
The idea of cohabitation between partners has become more commonplace in the United States in the past several years. In some respects, an increase in cohabitation among romantic partners grew due to laws prohibiting same-sex couples from marrying. After same-sex marriage was validated across the United States, many couples elected to take advantage of their ability to marry under the law. However, this change does not mean that cohabitation among partners is now no longer prevalent in Indiana and across the US. It is!
Couples may cohabit for a variety of reasons – younger individuals are choosing to cohabit before marriage ... Read More