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 type of case.
First, with criminal cases, the failure to initiate a timely appeal by filing a Notice ... Read More
Tag: 7th Circuit Court of Appeals
02
Nov2017
26
Oct2017
On its own motion or granting of a Motion for an oral argument, the Indiana Court of Appeals may have the litigants, by counsel, make its argument before the judges who will normally decide the opinion. At a recent CLE, two seasoned Court of Appeals judges shared wisdom for making the best oral argument. Ciyou & Dixon P.C. conducts arguments in the Court of Appeals and share this blog post with you.
First, it may seem like a basic and no-need-to-be said rule: but show up on time and be prepared. Normally, for first-timer lawyers, this means physically visiting the court ... Read More
26
Jan2016
Almost every final decision of an Indiana trial court can be appealed to the Indiana Court of appeals by perfecting the appeal and “briefing” the matter. Appellate attorneys often spend considerable time drafting or “framing” the issues so they bring attention to the question of law and fact at hand. The Court of Appeals central role is not to re-weigh (or second guess a trial court’s decision) on how it viewed facts. Instead, it looks at how the trial court applied the facts to the law. Thus, a good appellate issue should be combination of both.
First, an appellate issue should ... Read More