YOUR RIGHT TO “LEGAL NOTICE” FOR DUE PROCESS Almost everyone has received mail that they might be entitled to be in a Class Action law suit. Because of the sheer notice of lawsuits filed in Indiana (and other states) in the course of a year, the Indiana Supreme Court has decided a key case about what you must know to comport with the law. Specifically, in the Adoption of B.C.H (2014), the Indiana Supreme Court accepted transfer of a case the Court of Appeals affirmed. Among other ...
A question litigants often have when they receive an unfavorable trial court order is whether they can appeal or challenge it. Within a trial court, a Motion to Reconsider or Motion to Correct Errors may remedy the situation. However, if that is not the case depending on a number of factual and legal variables, you may want to consider an appeal. Appeals may be taken to the Indiana Court of Appeals or Indiana Supreme Court.1 This blog explores the three major types of appeals. The first two are taken to the ...
Six Reasons The Indiana Supreme Court Might Take Your Case We have all had a moment in time in our personal life or heard on television, someone state they are taking their case to the Supreme Court. That may or may not be a remedy available to them. Under Indiana law and the Indiana Supreme Court’s Rule of Appellate Procedure, there are six specific considerations the Indiana Supreme Court gives to every case. The general consideration is where to appeal it are direct and a matter or right. This means the case ...
January 19, 2015 / Supreme Court
The sometimes-bitter litigation between a child’s adoptive parent and her grandparents who raised her from a young age yielded a decision from the state’s highest court that family law experts believe may represent a significant shift in adoption cases...read more on Indiana Lawyer.
A recent Supreme Court of the United States case addressed the issue of whether a search warrant is needed in order to search the contents of a person’s cell phone1. In this digital age of a cell phone acting as a lifeline to users (calendar, alarm clock, video/song player, financial planner, etc.), a device no bigger than a deck of playing cards can contain personal and intimate information about not only the owner, but others as well. In the recent ruling, the Court held that in order to search extensively the ...
Since jail time, whatever the reason, infringes on a deeply protected right to freedom, most states, and the federal government, takes jail as punishment for a crime seriously. Jail for civil contempt reasons is far less common, and cannot be used to “punish,” but rather to incite action to comply with court orders. One of the main tenants of the constitution is to protect certain civil liberties that we, as a society, hold in high regard, such as freedom, free speech, and bearing arms. ...
Ciyou & Dixon, P.C. - Attorneys At Law, Bryan L. Ciyou and Lori B. Schmeltzer to present oral argument of B.C.H adoption before the Indiana Supreme Court, Thursday, September 25th, at 09:45am. Click here to review the Indiana Court of Appeals opinion. Click here to watch the Oral Argument before the Indiana Supreme Court.
In drafting appeals, the appellate attorney will request, receive, and review a typed transcript of and exhibits admitted at the hearing of which the Order is being appealed. This allows the appellate attorney, who may or may not have been the trial attorney, to review the record, gather information, and quote the hearing transcript as argument in the appellate briefs. Transcripts for appeal are often lengthy if the hearing was conducted over the period of a full day or more. This can mean several hundred pages and hours of document ...
Appellate practice is much different than trial practice. There are many differences between trial courts and how to present cases in the trial court, and appeals. First, trial courts are the first court (unless you have an administrative issue, which goes to the administrative agency first) to hear a case. There are many rules and practices to presenting evidence and arguing law in the trial court, but generally, any relevant evidence, not otherwise inadmissible under the rules, is allowed to be presented to the court. In trial courts witnesses testify as to their ...
In prior blog posts we have discussed the two types of opinions issued by the Indiana Court of Appeals, “for publication” and “not for publication.” Generally opinions issued “not for publication” or “NFP” are applicable to only the specific case at hand. Only the opinions that meet certain criteria are issued “for publication”, as follows: If the case: establishes, modifies, or clarifies a rule of law; criticizes existing law; or involves a legal or factual issue of unique interest ...