Every day, trial courts issue tens of thousands of orders. Most of these orders are “interlocutory” in nature and are made to help the case progress. It is only when an order disposes of all of the issues that it is a final order. There is generally an automatic right to appeal Indiana Court of Appeals. Appealing a final order is the topic of this blog post. Failure to appeal a “final” order will result in dismissal of the ...
October 11, 2017 / Criminal Law
In Indiana, it a now clearly crime to send (disseminate) matter harmful to “minors”.1 In 2009, this statute was held unconstitutional because the age of consent to sexual activity was 16.2 The legal reasoning was if one can consent to sexual activity at 16, one can receive nude photos. In the recent Thaker case, Mr. Thaker sent an explicit photo of his genitals to a 16-year-old girl in Oregon. After learning about the photo, the FBI contacted the Indiana police ...
September 27, 2017 / General Practice
One of the most important and fundamental aspects of the attorney-client relationship is confidentiality. Generally, communications between clients and their attorneys are confidential in nature and attorneys are prevented by law from revealing any of this information to a third party. Attorneys are acutely aware of this relationship and take great care to protect client information, both within their own offices and in cyberspace. The purpose of this confidential relationship is to allow for clients to give their attorneys honest and accurate information to ensure they are ...
Other than a firearm and certain other obvious (stun guns) items, the Indiana criminal code does not provide a great deal of guidance on what is a deadly weapon for purposes of the exercise of deadly force. It is pretty obvious why this is the case as virtually any object, used in a skillful way, can cause serious bodily injury or death. By statute, a “deadly weapon”1 is something that is used, could ordinarily be used or is ...
September 6, 2017 / Divorce
Most civil cases resolve before court; however, a small percentage go to trial. A first and good impression goes a long way toward building a rapport with the judge. A person who acts like court is a burden to attend and dresses casually--like going to the beach--makes less than a good impression. This blog addresses five key things to do and not to do in court and includes tips from recent observations in our recent trials. First, normal emotion is expected. However, scoffing at ...
When a trial is held, whether, before a judge or a jury, it is the one time the parties get the opportunity to present their case. You must ensure that all of your evidence gets offered and hopefully admitted—you will likely never get a second chance to present it again. When preparing for trial, plan ahead of time and make an exhaustive list of all facts and documents and witnesses that support your case. Get these to your attorney to help him or her make ...
In an important case decided today by the Indiana Court of Appeals,1 it carefully delineated for attorneys and litigants when and what are the differences between child support and educational expenses and extraordinary educational expenses. Critically, it drew the line where expenses are not related educational expenses. Generally, divorced parents or those with children born outside of marriage believe their financial duties to children end when they turn 18; but this is not the case if the child has the ...
On Monday, the Indiana Court of Appeals decided an important case relating to the gun community and criminal defense; it decided and what is deadly force by a “deadly weapon”. In Indiana, the affirmative defense of self-defense may be raised when a person uses deadly force in response to infliction of serious bodily injury from a “deadly weapon”, a forcible felony or to defend one’s home or curtilage. There is no definition of a “deadly weapon”. However, its use must be threatened or used in a ...
June 15, 2017 / Criminal Law
The hallmark of justice in our society for serious criminal cases is a jury of one’s peers and a fair and impartial judge. No system is perfect. Human perceptions and job focus can sometimes interfere with a criminal case to such an extent a fair trial is not possible. In a new key criminal case on appeal, the Indiana Court of Appeals barred trial in northern Indiana of man who was charged with the shooting death of his wife.1 At the most ...
June 8, 2017 / General Practice
In today’s digital age, a cell phone or hand-held device is basically a sophisticated hand-held computer as well as a primary means of communication. Given this, there is general uniformity in the law that to search a cell phone or computer, the police have to have probable cause and a search warrant, just like your home. This is guaranteed by state constitutions the Fourth Amendment to the United States Constitution and applies in all states,1 which is important if the state has a ...