In all criminal convictions (sentencing) and civil judgments (final orders), the non-prevailing litigant has an automatic right to appeal. Most appeals go to the Indiana Court of Appeals. With a criminal conviction at the time of sentencing, a defendant who believes he has been wrongfully convicted or received an excess sentence should most always appeal. This blog explores the two key reasons for seeking such an appeal, even in a case such as a revocation of probation.
First, failure to seek an appeal ... Read More
14
Jul2016
20
May2014
In Indiana, there is a tiered court system, which means that cases will start out on the bottom rung, and the next higher court has more authority than the last. However, this also means that your case has to start at the right court, exhaust all resources there, before it is allowed to move on to the next if you receive an adverse result.
Most cases begin in the circuit or superior court (the trial court), the county your are in and the type of case you have will determine which, ... Read More
06
May2014
When a matter is ripe for appeal, there first must be a determination of which Court has jurisdiction. In many cases, the Court of Appeals has jurisdiction, and the briefs, appendix, and related filings will be reviewed by the Court of Appeals. This is generally true for final orders. In some cases, however, the jurisdiction goes straight to the Indiana Supreme Court.
The Court of Appeals has jurisdiction over all appeals from Final Judgments of Circuit, Superior, Probate, and County Courts (if the Supreme Court does not ... Read More