Social media has literally changed the face of the world and how we interact—but nothing compares to Facebook with nearly 2 billion users globally and 210 million users in the United States (most of the population). Instead of real, in-person conversations, many people have substituted Facebooking (and many other social media tools). As you might guess, Facebook has worked its way into courtrooms in two key ways.
First, there is a prolific amount of posts and related material on high-profile ... Read More
25
May2017
06
Apr2017
Suppression of evidence in a criminal case has always been a controversial topic and legal remedy. An example would be suppression of a firearm found on a felon after he or she is stopped and searched. It is illegal and a criminal act for a felon to possess a firearm under state and federal law, and standing alone, is criminal and should result in a conviction.
The reason evidence is suppressed, such as this hypothetical firearm on a felon, is to ... Read More
30
Mar2017
Everyone has watched courtroom television dramas unfold in which a fictional attorney stands up in courtrooms and witness by loudly exclaiming, “I object!” Next, the opposing counsel scoffs, and mutters something under his breath, while the judge decides whether to allow the testimony (this is overruling the objection if the witness is allowed to continue). On television, a scene like this certainly serves its dramatic, cinematic purpose, but when you are in an actual courtroom proceeding, understanding the ... Read More
20
Mar2017
Indiana is fortunate to have an intermediate court, the Indiana Court of Appeals, where final judgments from Indiana’s trial courts may be taken as a matter of right for most of the tens of thousands of cases decided each year. This blog post focuses on the ways this Court may decide and rule on an appeal.
In the broadest terms, there are two primary “options” the Court of Appeals may rule, labeled: “Affirmed” or “Reversed”. Affirming a trial court order agrees ... Read More
21
Feb2017
Indiana’s elected judges are tasked with the important job of weighing the evidence of the parties’ positions when presented with a custody modification case or contempt of court for a wide range of circumstances, such parenting time interference. In a recent key dissent (from granting transfer [i.e., taking the case by its discretion]), the Indiana Supreme Court1 signaled that when the facts can support but one conclusion—a parent has intentionally interfered with parenting time--such continual interference itself can ... Read More
15
Feb2017
In today’s world, key evidence needed in criminal and civil proceedings exists in the digital world and may be a composite of pictures, texts, and third-party statements. A key recent ruling of the Indiana Court of Appeals makes clear the Rules of Evidence and authentication of such as true cannot be objectionable to thwart justice.
This blog post covers some of the key points of that case and the care that everyone should exercise using social media. The key ... Read More
14
Dec2016
Under Appellate Rule 9, a party generally has the right to appeal a final judgment to the Indiana Court of Appeals. This order is the one that decides the case. However, an appeal has some very key limitations that are easy to misunderstand and miss when deciding to appeal. This blog post covers three important such issues that generally cannot be waived on appeal.
First, if key evidence is not introduced at trial (for whatever reason) it cannot be in some way supplemental ... Read More
23
Nov2016
Permanency and stability are keys for children; Courts are mindful of this in considering all requests for custody modification in a child’s best interests. For this reasons, Indiana trial courts and attorneys are reluctant to entertain “emergency” motions for child custody modification in all but extraordinary situations because this is incongruous with taking the time to allow the attorneys to develop the evidence and present the case.
However, there are four somewhat common situations where a trial court may ... Read More
29
Sep2016
Good lawyers never stop learning. Some valuable insights into trial practice and how to be a better advocate from your client can be learned in the heat of the moment—trial. In this blog post, it covers three valuable tips Ciyou & Dixon, P.C. attorneys have learned over the last several months of trial. We hope they help you better understand inside courtroom, which is vastly different than what is depicted on television courtroom shows.
The first relates to objections. A large number of ... Read More
17
Dec2015
Failing to Include Assets and Value Them and Informal Loans from Parents and Third Parties
While emotion often overrides divorce proceedings, particularly where child custody is in dispute, it is key to identify if sufficient evidence of all assets of the marital estate are present. Marital assets also include debts. The Indiana Court of Appeals recent Barton v. Barton case makes this point.
First, loans versus gifts from parents are difficult to determine. It is the litigant’s burden of proof to establish in the ... Read More