“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
18
Oct2018
11
Oct2018
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
17
Jul2018
Every year, Indiana trial courts issue hundreds of thousands of orders or render decisions in criminal bench trials or have verdicts in criminal or the small percentage of civil jury trials. Most all order are interlocutory in nature and normally not appealable orders.1 However, with final orders—an order that decides all issues—or jury verdicts there is the right to appeal in the first case in most situations to the Indiana Court of Appeals. This blog explores four orders that constitute final appealable orders in ... Read More
12
Jun2018
All final orders issued from Indiana trial courts may be appealed as a matter of right. Most appeals first go to the Indiana Court of Appeals. The appeal process is all done by written briefs based on the record (testimony and exhibits) from the trial court that decided the issues. In most cases, trial attorneys defer to those who routinely practice in the appellate realm to prepare the appeal. This means you most likely change counsel. In an appellate ... Read More
31
May2018
Over time, we have reviewed many cases for appeal where the party has been dissatisfied with the trial court’s decision and wishes to appeal. In almost all cases, to preserve the right to bring an appeal, it is begun or perfected by filing a Motion to Correct Errors or Notice of Appeal. If properly handled, these allow for an appeal to proceed. However, there are three rather common situations we observe where a party wishes to appeal but ... Read More
26
Mar2018
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
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. Â This blog covers some rare appellate remedies that might apply in the right ... Read More