Every litigant in Indiana administrative proceedings or trial courts has the ultimate right to appeal to the Indiana Court of Appeals. Trial courts make many orders, but typically it is the last one deciding the issues that is the final order that is subject to appeal. Usually. However, life and law are complex and sometimes an appealed order is not final as to all of the issues or not a final order at all. A recent case, ... Read More
26
Mar2018
15
Feb2018
Searches of Your Home and Suppression of Illegally Obtained Evidence
Every citizen is protected from unlawful searches and seizures of his or her person or property by the Fourth Amendment of the U.S. Constitution. This strikes the balance between individual freedom and the needs of law enforcement to protect society as a whole. Where most of us encounter the Fourth Amendment is with a police traffic stop. About everyone has been pulled over for speeding and received a warning or ticket. This blog covers what ... Read More
22
Jan2018
When the divorce process is started, the first steps often deal with child issues-custody, parenting time, and child support - if applicable. The next steps then involve finances-living expenses, debt, and bill payments. Sometimes the reverse is the case in order of importance. The following are the top ten documents to have, or have access to, to help move your case forward in most divorce cases:
Bank account and retirement statements: Bank accounts will generally be the places where money is immediately available and are the ... Read More
05
Jan2018
Yes. A juvenile delinquency investigation is effectively a criminal investigation. If your child has an inquiry made by the police, you need to know his or her rights to be a parent and the consequences of this type of case to minimize the impact of such an investigation and give your child the constitutional protections available to them. The serious nature of a delinquency investigation is the purpose of this blog post, as anecdotal evidence suggests this is grossly misunderstood by parents.
You ... Read More
04
Jan2018
Almost everyone knows someone who has been, is or will be going through a “terrible” custody battle. The best of parents—acting under the stress of a separation or divorce—experiences a range of emotions from loss to rage.
In some cases, the perceptions of the parents are magnified by underlying psychological issues, substance abuse or both and lead to the truly high-conflict custody case. While there is no legal definition for a high conflict custody case, they all share some of the same hallmark behaviors and incidents ... Read More
03
Jan2018
In criminal and domestic cases in particular, a litigant is often at his or her lowest point in life, facing a serious criminal charge or a messy and protracted divorce. The outcome of the case may shape their future. For this reason, most lawyers have encountered family and friends wanting to pitch-in to fund a proper case for a loved one. The question that arises is what are the ethical and practical limits to third-party payers. This is the focus of this blog post.
The first ... Read More
02
Jan2018
With the age of the internet, most legal consumers have some working knowledge of the issues surrounding their case in a trial court or on appeal. While appeals are much rarer than trial court proceedings, there is still good general information available online about appeals. A little research shows that most appeals involve issues of fact or law. With pure questions of fact, the appellant’s position (on appeal) is the trial court did not properly weight the facts or excluded key facts. Questions of law, which make for stronger ... Read More
14
Dec2017
Appeals to the Indiana Court of Appeals and Indiana Supreme Court are meant to provide litigants and attorneys with very specific guidance by and through the Appellate Rules to take an appeal through the appellate process. These Rules ensure uniformity, efficiency, and, ultimately, justice.
However, in life and law, there are certain circumstances where rules fall short, and life liberty and property hang in the balance. In a rare glimpse into how Indiana’s highest court, the Indiana Supreme Court, handles these situations, it decided a case ... Read More
07
Nov2017
The polygraph test has urban myth status among a large segment of society. A polygraph test is an important tool in every lawyer’s toolbox--including that of the criminal defense attorney. This blog post explores the myriad of uses and limits of a polygraph and similar tests in the legal system today, as well as those for the future.
Will a polygraph test prove useful in your criminal matter (civil)?
A common agreement among criminal defense lawyers is individuals should not make statements to police officers if ... Read More
01
Nov2017
For children (who may be subject to divorce custody order) removed from another country, there are two (2) bodies of law that may apply to obtain their return. The first is the Hague Convention on the Civil Aspect of Child Abduction. Typically, these are countries with Western-type values and legal systems.
Where two countries have signed and ratified the treaty, this body of law aids parents in obtaining a return order to return the child(ren)1 to their country of habitual residence. This ... Read More