We have all heard on television or from an unsatisfied litigant they will take their case to the Supreme Court. In reality, most cases have a right to be appealed to the Indiana Court of Appeals (COA). The Indiana Supreme Court (ISC) must accept most cases by a litigant timely filing a Petition to Transfer after the COA decides the case. The Indiana Supreme Court then decides which cases it will take and denies transfer to the remaining cases (it does not hear them). ... Read More
16
Oct2019
28
Jun2019
As we all know, individuals do not have the right to take another’s life. The law is clear and unambiguous as to that point. It is safe to say that the law values human life over all other individual rights ten-fold. This is why individuals are never allowed to kill people who come onto their land to steal or cause damage to the property. The law will always value life over things, and therefore ... Read More
25
Jun2019
You’ve probably heard the old phrase, “I’ll appeal it!” But what does that mean? Your first mental image may be an argument before justices of the United States Supreme Court in a landmark case like Brown v. Board of Education or Roe v. Wade. For Indiana litigants, there is the remote possibility that a case that originates in an Indiana trial court may wind up in SCOTUS. However, the chances are slim. If you do not believe your Indiana judge or jury has ... Read More
05
Jun2019
“You have the right to remain silent” is a phrase most have heard, whether it be from a television show or personal experience. This phrase is from what is known as Miranda rights. Miranda rights are a centerpiece to the American legal system and arise out of the United States Constitution’s Fifth Amendment right against self-incrimination. But when exactly does an officer have to read an individual their Miranda rights? And what happens if an individual ... 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 ... 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 ... Read More
20
Nov2018
Probably not, at least right away. Ultimately, yes. Much of what lawyers and clients do in the legal system is far removed from the courtroom. However, where litigation is involved, the stakes are often high—in terms of loss of freedom, money/property or children. This type of litigation is a client’s life. A court loss is traumatic and sometimes leads to an appeal. All appeals are important but sometimes litigants just want “to go to the supreme court”. This blog covers few cases that ... Read More
18
Oct2018
“You have the right to an attorney” is a common phrase most everyone has heard. But what is the significance of this phrase? And how far does this right extend? An individual, in criminal proceedings, always has the right to an attorney. This right is protected by the Sixth Amendment of the United States Constitution. The importance of this right is that it ensures the defendant is not subject to unfair coercion on the part of the state or government. As such, police officers are required ... Read More
11
Oct2018
Breaking News: Indiana Supreme Court Adopts “Attenuation Doctrine” Into Indiana’s Constitutional Law
One key aspect of the American legal system is the prohibition against warrantless searches of your home. As you may know, police officers cannot search your home without first obtaining a search warrant. This embodies the English common law notion and societal view that your home is a special place—your castle—and should only be subject to search under a high legal standard. But what happens if a police officer does not first obtain a search warrant? Or searches the wrong house? The general rule is that any evidence of criminal activity obtained ... Read More
05
Sep2018
The concept that you are “innocent until proven guilty by evidence beyond a reasonable doubt” is a cornerstone of the American legal system. Arising out of this important legal concept is what is known as the rule of lenity. The rule of lenity requires that criminal statutes be strictly construed against the drafter (the State), and any ambiguities or uncertainties that exist within the statute are to be applied in the manner most favorable to the defendant. The reasoning behind this is that an individual, who is presumed innocent, should not be ... Read More