What makes our society safe (police) and free (doing what you want) is the delicate balance of power created by the Fourth Amendment to the United States Constitution. For Hoosiers, there is also a balance of power created by Article 1, Section 11 of the Indiana Constitution. A topic not well understood but in the daily news is when the police act (or fail to act). For police and citizens there is no agreement in any given case, but do ...
February 20, 2017 / Indiana Handgun Permit
Hundreds of thousands of Hoosiers have a License to Carry Handgun, commonly known as a “permit” issued by the Indiana State Police. With application and the complexities of the law, there are many reasons an application may be denied and appealed. In many cases, a denial—properly addressed—can be remedied on appeal. This blog explores common reasons for denial and how an attorney may assist you in the process. The first is a misstatement on the Application. Law and life are complex ...
Indiana is a very progressive state in firearms’ laws in many ways, including its “lifetime” license to carry a handgun. Once such is issued, it may be suspended or revoked for certain criminal activity. This blog addresses important reasons to appeal the denial of an application for a License to Carry a Handgun once made and denied by the Indiana State Police, who are diligent and careful in approval of the application. First, firearms law is very complex, and some of the questions on the Application are required to comport with ...
Over the last several years, applications to obtain and carry a handgun have soared in Indiana. Because handguns are a class of firearms more readily concealable, the requirements to obtain a License are stricter than the right to purchase. This blog addresses five key points to address denial of a license to carry handgun in Indiana. The first is to over-disclose on the application and obtain any information about an old criminal act to properly disclose, ...
There is an old phrase, “Justice Delayed is Justice Denied.” This is generally viewed in the negative, such as when a defendant has been charged and incarcerated, addressed by the right to demand a speedy trial. Sometimes it takes a defendant or civil litigant a long time otherwise to obtain a trial. In most situations law is inherently slow because it addresses and unravels complex problems that often took a long time in the making. However, the Indiana Supreme Court is actively shortening the process ...
The Indiana Court of Appeals stand open to all litigants to bring appeals of most all final orders (and some interlocutory orders) from Indiana’s trial courts. This is a now a constitutional right (in the late 1800s this Court was created to assist the Indiana Supreme Court with an overflow of cases and later became a permanent court). While all such cases may be appealed, a general disagreement with the impartial decision of fact by a judge and/or jury isn’t necessarily a great ...
As a general rule, there is a strong presumption in American law that a judge or jury properly weighed the evidence and decided a case. A fair amount of attention has been focused in the recent media on actions within court rooms that may have swayed a verdict. One is an attorney who appeared to yawn1 at a closing argument as if to dismiss it. Generally, the first line of attack is to have counsel determine if this is harmless error—meaning it did not ...
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 ...
In Indiana, it is unlawful for a serious violent felon, whether convicted in Indiana or another state, to possess a firearm1. However, when applying for a concealed firearms permit, or to purchase a firearm, you may be denied for a myriad of other reasons. Indiana, like most states, are updating their criminal records to online systems, which provide for quicker and more thorough background checks, however, there may be occasions where old criminal records are updated incorrectly. In other ...
When the Court of Appeals issues an opinion, why do some say “For Publication” and others say “Not for Publication”? And what does this mean?
January 28, 2014 / Appellate Practice
In Indiana, the Court of Appeals issues written opinions for every case that is taken up on appeal. However, each opinion is distinguished as “for publication” and “not for publication” (or “NFP”). The word publication is commonly meant to construe to mean making content available to the general public. In Indiana, all opinions, regardless of if they are for publication or not, are provided on the Indiana Court of Appeals’ website. Thus, ...