Many out there would agree that Grandparents impact our lives in a big way. Whether it be in a role of second parent, friend, mentor, babysitter, financial supporter, et cetera. Simply put, Grandparents serve an important role in many children’s lives. This is the reason that most jurisdictions across the Country have given Grandparent’s some sort of right to visitation with a child, including Indiana. But, this right to visitation is not absolute, and instead, is limited in its application. You have to understand your rights and work with counsel if you want the legal right to contact with your ...
April 4, 2019CD
Most individuals are aware of the social media app Snapchat. For those unfamiliar, Snapchat is an app that allows its users to send and post pictures or videos for a specified amount of time. After that specified time expires, the video or picture is “deleted.” Unfortunately, once something is uploaded to the internet, it is never truly “deleted.” As such, individuals all over are seeing the consequences of posting incriminating pictures and videos to social media apps. But, can any picture or video you have ever posted be used against you? Are there limits to when your social media posts ...
February 27, 2019CD
The Second Amendment’s right to keep and bear arms is one of the oldest and core liberties contained in our Constitution. This same right is found in the Indiana Constitution.1 Yet, that right may be the most polarizing issue debated in today’s society. In the reflection of this, so to speak “hot topic” issue, the Legislature and Congress have enacted ever-changing laws. It is important to stay current with these changes to ensure you are following the law and avoid negative consequences. For example, what happens if someone steals your gun and commits a crime? Are you liable? This blog ...
February 21, 2019CD
“You have the right to remain silent” is a phrase most have heard, whether it be from a television show or personal experience. This phrase is from what is known as (a part of the) Miranda rights. Miranda rights are a centerpiece of the American legal system and arise out of the United States Constitution’s Fifth Amendment right against self-incrimination. When exactly does an officer have to read an individual their Miranda rights? And what happens if an individual is not read their Miranda rights? The short and simple answer is that— it depends. As is generally the case in ...
November 27, 2018CD
Probably not, at least right away. Ultimately, yes. Much of what lawyers and clients do in the legal system is far removed from the courtroom. However, where litigation is involved, the stakes are often high—in terms of loss of freedom, money/property or children. This type of litigation is a client’s life. A court loss is traumatic and sometimes leads to an appeal. All appeals are important but sometimes litigants just want “to go to the supreme court”. This blog covers few cases that automatically go to the Indiana Supreme Court versus the Court of Appeals and covers how a case ...
November 20, 2018CD
The Rules of Appellate Procedure are intended to be very specific, time-sensitive, and speedy for justice and make the Indiana Court of Appeals one of the most efficient in the Country. The average appeal follows certain precise Appellate Rules that typically do not fluctuate in terms of when you are required to initiate your appeal – thirty (30) days after a “final” order is issued by the trial court. No rules are perfect. This blog covers for unique situations or anomalies that are not always apparent in the final-rule order and impact when you can appeal; you must know and ...
November 7, 2018CD
Sometimes a marriage may last many years, and sometimes divorces do too. Normally, if there is a mistake in the final decree, such as failure to decide an issue or misapplication of the law, the preferred remedy is filing a Motion to Correct Errors or taking an appeal to the Indiana Court of Appeals within thirty days. If you do not, you may be stuck with the problem. Nevertheless, sometimes months or years later a party discovers a major problem with the decree1 or some fraud. What do you do? Well, Indiana’s laws are structured to provide due process and ...
September 6, 2018CD
The concept that you are “innocent until proven guilty by evidence beyond a reasonable doubt” is a cornerstone of the American legal system. Arising out of this important legal concept is what is known as the rule of lenity. The rule of lenity requires that criminal statutes be strictly construed against the drafter (the State), and any ambiguities or uncertainties that exist within the statute are to be applied in the manner most favorable to the defendant. The reasoning behind this is that an individual, who is presumed innocent, should not be held criminally liable due to some vague penal ...
September 5, 2018CD
The divorce decision was handed down and it is now final. The property has been divided. The costs have been allocated, and attorney’s fees may have been awarded. If you have children, then custody, parenting time, and child support also have finally been decided. What are your rights if you disagree with the decision? You are not happy with the result. Maybe you feel the property division was unfair, or maybe you did not get joint custody. Whether you disagree with one provision or several, you have a right to appeal your divorce decree to the Indiana Court of Appeals. When ...
August 29, 2018CD
You have been convicted and sentenced. You may have even filed a direct appeal and lost. You are not guilty, or the State did not prove their case beyond a reasonable doubt. So, you want to file a Petition for Post-Conviction Relief (“PCR”). The remedy of PCR is one of the most difficult criminal procedures to interpret and understand and has little chance of success if the rules and laws are not strictly followed. Errors in filing can result in waiver of this remedy. For this reason, you should have an attorney carefully review and prepare your case before filing ...
August 21, 2018CD