If you are reading this blog, you probably have an interest in appeals in the Indiana Court of Appeals or Indiana Supreme Court. The life blood of an appeal is the “brief,” which is basically a story that tells the important facts, sets out the law, and why the litigant believes the trial court was (in)correct. Obviously, the “argument” section of the brief pulls it all together. However, let’s face it. We live in a complex world. The best story (i.e., appeal) may fail because it set forth in an understandable way for the reader, the judges on higher courts or, ...
September 10, 2015Adam Hayes
The “argument” section of an appellant’s brief is the life-blood of every appeal. This blog explores some of the key aspects of sound argument drafting. Taking the complex facts of life and applying the law is a daily challenge for lawyers. However, this task becomes more difficult when it involves an appeal and controlling standard of review. The standard of review may limit what facts and laws can be argued as set forth in the Indiana Rules of Appellate Procedure. This limits how the higher court reviews any potential errors made by a trial court. The first part of the argument is ...
July 15, 2015Adam Hayes
In litigation generally and family law specifically, there is copious amounts of information that often must be gathered and sorted through to produce the most comprehensive argument and case for a party. Often, this information comes from third parties or discovery, but many times, the most valuable information comes from the party himself/herself. Calendars In family law matters, it often comes down to a he said/she said argument. Having a calendar of parenting time or when the children are in activities can be momentously helpful when it comes to testimony about events that may have happened three (3) years ago. Trying to ...
August 26, 2014CD
And How Does the Indiana Court of Appeals Review Cases? At Ciyou & Dixon, P.C., we consult and represent clients with a wide array of appellate issues, ranging from domestic relations to criminal to civil cases based on theories ranging from contracts to torts. During initial meetings with clients, the discussion quickly turns to what occurred in the trial court that is potentially “wrong” and how to formulate an appeal, if at all, in order to bring those issues to light. Fortunately, Indiana has one of the most efficient intermediate appellate courts in the country (the Indiana Court of Appeals) and decides ...
July 10, 2012CD
Starting in July 1st of this year, the age children are emancipated for the purpose of child support will change from 21 to 19. With the enactment of this new law, there will be a transition time where attorneys advocate it meanings, and the trial court and ultimately Indiana’s appellate courts agree or disagree to give it legal meaning. The scope and limits of this new statute are undetermined at this time. One of the main topics addressed in the new statute is education. There is a specific exception for educational expenses to be allowed to continue–after age 19-- by order ...
May 1, 2012CD
What’s An Oral Argument Held in Conjunction with an Appeal? Do I Want One? Can I Get One? Relative to almost two million criminal and civil cases handled in Indiana trial courts currently, appeals are very rare in statistical terms. According to the 2010 Annual Report of the Court of Appeals of Indiana, there were only 4,392 appeals filed and 315 oral arguments held on cases pending. At Ciyou & Dixon, P.C., we represent appellants (who lost below), as well as appellees (who prevailed below). For appellants, individuals or business clients, this situation is often a frustrating, scary and a desperate time. ...
December 13, 2011CD
Unlike trials where a judge receives information at many levels, in writing, by testimony, and through body language, and, importantly, the interaction all have with each other, appeals are based on flat and cold records (transcript of word-for-word proceedings and exhibits admitted). Thus, the sole means the Indiana Court of Appeals, Supreme Court, or any other appellate court reviews the case is in writing (although sometimes there are oral arguments). Writing ability is thus important. At Ciyou & Dixon, P.C., we believe a hallmark of a good appellate brief is a client reading it and believing it tells his or her ...
November 17, 2011CD