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
31
May2018
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. This blog covers some rare appellate remedies that might apply in the right ... 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