The concept that you are “innocent until proven guilty by evidence beyond a reasonable doubt” is a cornerstone of the American legal system. Arising out of this important legal concept is what is known as the rule of lenity. The rule of lenity requires that criminal statutes be strictly construed against the drafter (the State), and any ambiguities or uncertainties that exist within the statute are to be applied in the manner most favorable to the defendant. The reasoning behind this is that an individual, who is presumed innocent, should not be ... Read More
05
Sep2018
12
Jun2018
All final orders issued from Indiana trial courts may be appealed as a matter of right. Most appeals first go to the Indiana Court of Appeals. The appeal process is all done by written briefs based on the record (testimony and exhibits) from the trial court that decided the issues. In most cases, trial attorneys defer to those who routinely practice in the appellate realm to prepare the appeal. This means you most likely change counsel. In an appellate ... Read More
31
May2018
Over time, we have reviewed many cases for appeal where the party has been dissatisfied with the trial court’s decision and wishes to appeal. In almost all cases, to preserve the right to bring an appeal, it is begun or perfected by filing a Motion to Correct Errors or Notice of Appeal. If properly handled, these allow for an appeal to proceed. However, there are three rather common situations we observe where a party wishes to appeal but ... Read More
14
Dec2017
Appeals to the Indiana Court of Appeals and Indiana Supreme Court are meant to provide litigants and attorneys with very specific guidance by and through the Appellate Rules to take an appeal through the appellate process. These Rules ensure uniformity, efficiency, and, ultimately, justice.
However, in life and law, there are certain circumstances where rules fall short, and life liberty and property hang in the balance. In a rare glimpse into how Indiana’s highest court, the Indiana Supreme Court, handles these situations, it decided a case ... Read More
02
Nov2017
For the most part, the legal system is structured to allow freedom of choice in picking your attorney, much like the medical system allows you to pick your doctor. Different professionals in each field fit and fill different needs.
However, sometimes there is the wrong choice of fit and, within the legal field, an attorney waives an issue at trial that is necessary for the appeal or misses the appellate deadline. Â This blog covers some rare appellate remedies that might apply in the right ... Read More
24
Oct2017
On occasion, there are meetings or continuing education classes where the appellate bench and appellate practitioners get to interact and field questions and concerns. This year has been a banner year for these meetings. For the most part, appellate attorneys appeal cases tried by other attorneys and are limited to the record from that proceeding (the testimony and exhibits). This means that conversations in chambers or between counsels or attorneys and litigants that did not make it into the record are not appealable.
First, if you ... Read More
23
Oct2017
Is This Enough for a Police Investigatory Stop and Criminal Charge?
Indiana has just debated “constitutional carry” which is generally thought of the innate right to carry a handgun without a license. Indiana’s License to Carry a handgun is not indexed to concealed or open carry, but is required for most to carry in the state. This bill did not advance and has not been reintroduced.
However, it raises a key criminal law and defense issue you should know and take care to ensure is familiar to your criminal counsel ... Read More
20
Oct2017
The number of appeals in Indiana is small compared to the overwhelming number of cases tried in Indiana’s trial courts each year. Correspondingly, there are only a few more than twenty appellate judges and senior judges who decide appellate cases. There are few attorneys who handle appears on a regular basis.
On occasion, the small appellate bench and bar get to interact at professional events. At a recent gathering, the appellate judges provided wisdom about four key mistakes that they see with appellate ... Read More
09
Aug2017
What makes our society safe (police) and free (doing what you want) is the delicate balance of power created by the Fourth Amendment to the United States Constitution. For Hoosiers, there is also a balance of power created by Article 1, Section 11 of the Indiana Constitution.
A topic not well understood but in the daily news is when the police act (or fail to act). For police and citizens there is no agreement in any given case, but do ... Read More
07
Jun2017
In many divorce and paternity cases, a continuum is presented where the parent-child relationship may be strained to non-existent. Parents want to see their children. Children want to spend time with their parents. This is a basic bond of parent-child relationships and why parents have a fundamental right to rear and make decisions for their children—one of the oldest and most protected rights under the United States Constitution.
For these and many other reasons, supervised visitation (by a third party) of a parent with his or her children ... Read More