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
02
Nov2017
16
May2017
Civil appeals are guided by very rigid appellate rules. Generally, missing an appellate deadline precludes a civil appeal. The only remedy is a malpractice action against counsel who failed to advise his or her of the appellate deadline or missed this deadline.
This is unlike criminal appeals, where belated appeals may be allowed due to the potential loss of life and liberty by incarceration. This blog explores a very narrow remedy that the Indiana Court of Appeals and Supreme Court have embraced where the facts of ... Read More
04
Aug2016
lSince criminal cases involve the potential loss of freedom, there are trial and appellate provisions for a criminal case to be brought by a filing belated Notice of Appeal. In civil cases, Appellate Rule 9(A), it clearly states that “[u]nless the Notice of appeals is timely filed, the right to appeal shall be forfeited.”
Historically, attorneys and Indiana courts have treated this rule stemming from the 1970s as jurisdictional. This means that without a timely filing, the appellate ... Read More