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
26
Mar2018
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
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
02
Nov2017
For the most part, the legal system is structured to allow freedom of choice in picking your attorney, much like the medical system allows you to pick your doctor. Different professionals in each field fit and fill different needs.
However, sometimes there is the wrong choice of fit and, within the legal field, an attorney waives an issue at trial that is necessary for the appeal or misses the appellate deadline. This blog covers some rare appellate remedies that might apply in the right ... Read More
27
Oct2017
Indiana’s trial courts issue tens of thousands of final orders. Over the years, we have observed three common ways individuals who want to challenge the trial court’s ruling in the Indiana Court of Appeals have inadvertently waived this right. Don’t let this be your case if you want to appeal what you believe is a wrong order and seek reversal. This blog post identifies and explains common mistakes.
Procrastination or lack of awareness of timelines. The decision to appeal or not ... Read More
12
Oct2017
Every day, trial courts issue tens of thousands of orders. Most of these orders are “interlocutory” in nature and are made to help the case progress. It is only when an order disposes of all of the issues that it is a final order. There is generally an automatic right to appeal Indiana Court of Appeals. Appealing a final order is the topic of this blog post.
Failure to appeal a “final” order will result in dismissal of the ... Read More
09
Aug2017
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
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
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
03
Nov2016
While very few cases of the tens of thousands of cases carefully decided by Indiana trial court judges are appealed to the Indiana Court of Appeals or Indiana Supreme Court each year, a litigant with an adverse civil judgment or criminal conviction should carefully weigh the options of appealing. This is because a judgment after the time for appeal (typically 30 days) stands and there are very few legal reasons to bring a challenge at a later date.
In criminal cases, first, the ... Read More