As stay-at-home orders continue for Indiana, many parents have been denied parenting time on the grounds of COVID-19. The Chief Justice of the Indiana Supreme Court, Loretta Rush, issued an order on March 31, 2020 that parenting time orders remain in force during COVID-19. This means that drop-offs and pick-ups should continue.1 Governor Holcomb’s stay-at-home orders have all made exceptions for court orders (which would include custody and parenting time orders) to be excluded from the stay-at-home orders. This blog explores what you can do if you are being denied parenting time and other parenting time considerations during the COVID-19 ...
Tag: indiana supreme court
May 1, 2020CD
In Indiana, there are thousands and thousands of trials and hearings each year. For litigants who lose on the merits in civil or criminal litigation, there are roughly 3,000 appeals taken to the Indiana Court of Appeals.1 This is Indiana’s intermediate appellate court. The entire appellate process is laborious for the lawyers who handle appeals and time-consuming for the Court because three judges are assigned to review every case. As might be expected, there are comprehensive rules to ensure efficiency and consistency in the process because these appeals come from all of Indiana’s 92 counties. The one rule that can ...
April 30, 2020CD
Most everyone has had the unfortunate experience of being pulled over. Whether it be for speeding, not using a signal, expired plates, etc., traffic stops tend to bring a lot of angst for those being pulled over. This is understandable. You may be wondering, can police simply detain you for as long as they want? Do they need your permission? How long can they detain you? In this blog, we look at the basics of a traffic stop and examine just how long a police officer may be able to detain you during a traffic stop. It should be noted at ...
April 10, 2020CD
A common question litigants have in family law cases is whether there is a way they can be reimbursed for their attorney’s fees? The answer is somewhat complicated and it depends. In most litigation in the United States, we follow the “American Rule”, which is each side pays its own attorney’s fees. However, in divorce and paternity cases in trial courts and on appeal there are ways a party may recover some or all of his or her attorney’s fees. This blog covers what you need to know about attorney fee awards in divorce and paternity cases. Perhaps the most common ...
December 18, 2019CD
Most of us have probably heard the phrase “you have the right to a speedy trial” at some point in our lives. But, you may be wondering, what is the right to a speedy trial? And more importantly, what happens if I am denied a “speedy” trial? This blog provides a brief overview of the right to a speedy trial, as well as the effects a violation of your right may have on your criminal case. The United States and Indiana Constitutions guarantee the right to a speedy trial.1 As our Indiana Supreme Court has stated, “[t]he speedy-trial right is a ...
November 27, 2019CD
Very few cases go directly to the Indiana Supreme Court (ISC) as a matter of right.1 Most cases wind up in the ISC as a matter of discretion. The way this occurs is a party to a Court of Appeals’ (COA) decision (Indiana’s intermediate appellate court) seeks transfer. The ISC must accept the case. When it does so, it vacates the COA’s decision. This blog explores what the ISC may do on transfer and highlights a new case the reflects a change in the way the ISC has operated in the past given the addition of new Justices in the ...
November 19, 2019CD
We have all heard on television or from an unsatisfied litigant they will take their case to the Supreme Court. In reality, most cases have a right to be appealed to the Indiana Court of Appeals (COA). The Indiana Supreme Court (ISC) must accept most cases by a litigant timely filing a Petition to Transfer after the COA decides the case. The Indiana Supreme Court then decides which cases it will take and denies transfer to the remaining cases (it does not hear them). Fortunately, the ISC has published guidance on the types of cases it typically takes (it can ...
October 16, 2019CD
You’ve probably heard the old phrase, “I’ll appeal it!” But what does that mean? Your first mental image may be an argument before justices of the United States Supreme Court in a landmark case like Brown v. Board of Education or Roe v. Wade. For Indiana litigants, there is the remote possibility that a case that originates in an Indiana trial court may wind up in SCOTUS. However, the chances are slim. If you do not believe your Indiana judge or jury has decided your case correctly, you will most likely appeal to the Indiana Court of Appeals. While this ...
June 25, 2019CD
The United States Supreme Court has long recognized the “fundamental right of parents to make decisions concerning the care, custody, and control of their children.”1 This fundamental right to parent is why the Indiana Courts place the burden of proof on the Department of Child Services (“DCS”) when it comes to proving that a child is a child in need of services (“CHINS”). Specifically, our Indiana Supreme Court has found that DCS must prove three basic elements for a CHINS finding.2 Those elements are: (1) that the parent’s actions or inactions have seriously endangered the child; (2) that the child’s ...
June 17, 2019CD
Many people in Indiana have a general idea of what it means to appeal a decision. The popularity of legal TV shows, true crime shows streamed to our laptops and tablets, and news stories about the reversal of criminal convictions based on DNA evidence or a new United States Supreme Court case all touch on the idea of an “appeal.” We’ve already broadly covered the basics of an appeal in our blog post “What Does It Mean to File an Appeal?” This blog post focuses on a more specific type of appeal – an interlocutory appeal. Read on below to ...
May 28, 2019CD