We often see a lot of confusion when it comes to appeals and the appeals process. This is understandable, as it is an extremely technical process, requiring close attention to the rules of appellate procedure. In Indiana, the Court of Appeals and Supreme Court are limited in their ability to hear certain matters and the evidence that can be presented in each particular matter. You may be wondering then, what evidence does the Court of Appeals consider? Can it be any evidence? New evidence? In this blog, we try to answer some of these questions and provide a basic understanding ...
July 17, 2020CD
Often you may hear of a criminal defendant getting his or her case dismissed, whether it be in “real life,” on the news, or in a television show or movie. You may wonder why it seems like some individuals accused of crimes “get off” when it seems like the odds are stacked against them while others, under seemingly similar circumstances, negotiate for a plea agreement that may include being incarcerated or go to a jury trial and ultimately get convicted. While there may be a variety of reasons for the differences in these hypothetical scenarios, one possible answer is the ...
May 14, 2019CD
In the companion blog, “Personal Injury: How Can I Succeed in a Personal Injury case?” we’ve already discussed the elements that a plaintiff, whether pre-suit or after filing a lawsuit, will have to establish in order to be successful in a personal injury claim under Indiana law. In that blog post, specifically, we discussed the legal elements that need to be shown: a duty, a breach of that duty, a causal relationship between the breach and the damages suffered, and damages. However, from a practical standpoint, one may wonder what happens, or what the process is, when they wish to ...
April 11, 2019CD
The digital age is an exciting time. New developments in technology are routinely made, bringing about changes that have the potential to affect our daily lives. But with these new advances comes changes to the legal landscape. These new changes have the potential to dramatically change your life, and as such, require your attention. One of the most drastic changes in the legal world has been the use of cell phones as a source of evidence. This hot button topic was the source of a recent Indiana Court of Appeals decision, in which the Court reversed a woman’s criminal conviction1. ...
March 27, 2019CD
Yes, in some cases. Nationally as well as in Indiana, grandparents are increasingly raising their adult children’s children. Sometimes this is just being great and helpful grandparents. In some cases, such as a parent going back to school or distant work relocation, parents must do so to better their lives, but in others, they do so for legally impermissible reasons, such as addiction issues; these parents simply leave their children with grandparents to raise. For all practical purposes, the grandparents take over the role of caregiver and provide all the support, shelter, and care and nurture of the grandchildren. In ...
January 8, 2019CD
Indiana trial court judges can consider literally anything and everything relevant to a parent-child relationship to make a child custody decision that is in the child’s best interests. Sometimes a single factor—such as a severe drug abuse or incarceration—make the decision much easier for the judge to sort through the evidence, as it is apparent that a parent who is locked up cannot be the child’s custodian. However, in most cases, both parents have good qualities and faults in parenting. This blog explores the three most important factors that influence a judge’s child custody decision, so you can develop these ...
January 3, 2019CD
The Indiana Parenting Time Guidelines are presumed to apply to every custody case (paternity or divorce). These Guidelines presume one parent will have primary physical custody and the other will have overnight parenting time. Typically, for a child above three (3) years of age, this is one night during the week, every other weekend, alternating holidays, and half of the summer. However, the national trend toward joint parenting time or joint custody has resulted in court routinely extending the mid-week night to overnight if the parties agree or the evidence shows it is in the child’s best interests. However, there ...
December 5, 2018CD
One key aspect of the American legal system is the prohibition against warrantless searches of your home. As you may know, police officers cannot search your home without first obtaining a search warrant. This embodies the English common law notion and societal view that your home is a special place—your castle—and should only be subject to search under a high legal standard. But what happens if a police officer does not first obtain a search warrant? Or searches the wrong house? The general rule is that any evidence of criminal activity obtained by the illegal search is “fruit of the ...
October 11, 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
On Wednesday, August 8, 2018, a decision1 was handed down by the Indiana Court of Appeals that is poised to dramatically increase the number of drug charges and convictions. This is alarming since the headlines of Indiana’s news stories continually recount the State’s “opioid crisis”. At the same time, statistics reflect county jails and Indiana’s prisons are “full” of inmates with drug convictions, at a significant burden to the taxpayer. This stands in contrast with compelling arguments and scientific evidence that other than stopping violence, drug issues are best dealt within the mental health system--not the penal system. Before this ...
August 9, 2018CD