Anyone who has watched a courtroom drama, live or a replayed actual trial, or been involved in a civil or criminal matter, probably has some general sense that trial court judges make many rulings or orders. A simple directive (local rule) for a litigant to attend a parenting class during a divorce is an order of a court. Rulings made during trial on admission or exclusion of evidence are also orders. For the most ...
As domestic advocates, we observe a common source of confusion--and antagonism--between parents as to when they should give (or are required to) the other parent the opportunity for additional parenting time. The controlling Indiana Parenting Time Guideline (“IPTG”), states “[w]hen it becomes necessary that a child be cared for by a person other than a parent or a family member, the parent needing the child care shall first offer the other parent the opportunity for additional parenting time.”i This provision is commonly referred to as the “First Right of Refusal.” However, the IPTGs do ...
New Appeal in Appeals: Foundational Changes in How Appeals Are Perfected and a New Composition in Justice on the Indiana Supreme Court
January 10, 2012 / Appellate Practice
At Ciyou & Dixon, P.C., one of many aspects about Indiana law we can relay with pride to our clients, along with members of the public, bench and bar in other states, is Indiana has one of the most efficient intermediate courts, the Indiana Court of Appeals, in the ...
Unlike trials where a judge receives information at many levels, in writing, by testimony, and through body language, and, importantly, the interaction all have with each other, appeals are based on flat and cold records (transcript of word-for-word proceedings and exhibits admitted). Thus, the sole means the Indiana Court of Appeals, Supreme Court, or any other appellate court reviews the case is in writing (although sometimes there are oral arguments). Right ability is thus important. At Ciyou & Dixon, P.C., we believe ...
November 15, 2011 / Appellate Practice
At some level, law is unique because it is a model based largely on conflict and dispute and the concept of fault. Most every person or business entity takes issue with being at fault. In the ideal world (which few of us ever experience because life is a messy, non-linear process), the legal system’s foundational laws prevent conflict by an ever-developing body of law responsive to society. Where this is not the case, litigation in a trial court ...
November 10, 2011 / Appellate Practice
At Ciyou & Dixon, P.C. we understand and observe the typical civil or criminal litigant has little understanding of the appellate process. Our firm position is the more informed a client is about a matter (recognizing not everything on-line is accurate or without a political slant), the better job he or she may do in aiding his or her client with an appeal. As a general note, appeals of cases are not common relative ...
October 27, 2011 / Appellate Practice
For the most part, all appeals in Indiana are taken to the Indiana Court of Appeals. It is quite common for trial counsel to suggest or direct a different attorney handle any appeal. In addition, a significant number of attorneys and law firms do not handle appeals. At Ciyou & Dixon, P.C. we find clients are sometimes unsure about how to help us–or the attorney they may select–with advancing their appeal. Almost universally, there ...
September 8, 2011 / Appellate Practice
Ciyou & Dixon, P.C. has a significant practice area addressing civil and criminal appeals taken to the Indiana Court of Appeals and sought to be transferred to the Indiana Supreme Court. Typically, these cases come by referral from other attorneys or because a litigant wants to change counsel for a fresh appellate perspective. We find that in meeting with most appellate clients, there are a number of checklist items that a client may bring to keep costs down (i.e., to keep the lawyer from ...
August 18, 2011 / Firearms Law
At Ciyou & Dixon, P.C., we have sometimes been asked by clients and other attorneys about firearms seized by police that are not forfeited as apart of a criminal proceeding. We have frequently shared the position we believe strikes the right balance between public safety and a citizen’s property. This distillation culls out a difference between owning the property (the firearms) and possessing them. This seems to flow from the controlling criminal statute generally addressing property seized by police officers ...
Psychological research evidences divorce has many parallels with losing a loved one to disease or age. At Ciyou & Dixon, P.C., we observe the “perfect” divorce is one that untangles and disconnects the parties from each other completely. Then the grieving process can begin and, over time, the parties can move on in productive directions, being even better future spouses ...