It is sometimes heard in the context of litigants that he or she will go all the way and take the case to the Supreme Court. As a general rule, most appeals go to the Indiana Court of Appeals. Few cases go straight to the Indiana Supreme Court; it decides which cases to take. There are four cases that have the direct right to appeal to the Indiana Supreme Court.1 The first is criminal appeals in which the sentence of death or life imprisonment without parole is imposed. The second are cases in which an Indiana trial court declares a state ...
April 29, 2015Adam Hayes
As a general component of human nature, almost every litigant who has lost a case in a trial court believes the trial court incorrectly decided the matter. No one wants to be “wrong,” but Indiana’s trial court are charged with being open to litigants to freely administer justice and decide cases. Every case has an appeal of right to the Indiana Court of Appeals, if not the Indiana Supreme Court. Nevertheless, most trial court decisions are not appealed. Presumably, this is because the losing party concedes the point. However, there are three times when a case should be appealed. The first ...
April 16, 2015Adam Hayes
YOUR RIGHT TO “LEGAL NOTICE” FOR DUE PROCESS Almost everyone has received mail that they might be entitled to be in a Class Action law suit. Because of the sheer notice of lawsuits filed in Indiana (and other states) in the course of a year, the Indiana Supreme Court has decided a key case about what you must know to comport with the law. Specifically, in the Adoption of B.C.H (2014), the Indiana Supreme Court accepted transfer of a case the Court of Appeals affirmed. Among other legal holdings, the case held that a person may have actual notice of a legal ...
April 8, 2015Adam Hayes
A question litigants often have when they receive an unfavorable trial court order is whether they can appeal or challenge it. Within a trial court, a Motion to Reconsider or Motion to Correct Errors may remedy the situation. However, if that is not the case depending on a number of factual and legal variables, you may want to consider an appeal. Appeals may be taken to the Indiana Court of Appeals or Indiana Supreme Court.1 This blog explores the three major types of appeals. The first two are taken to the Indiana Court of Appeals. This is Indiana's intermediate (middle) court ...
March 31, 2015Adam Hayes
Six Reasons The Indiana Supreme Court Might Take Your Case We have all had a moment in time in our personal life or heard on television, someone state they are taking their case to the Supreme Court. That may or may not be a remedy available to them. Under Indiana law and the Indiana Supreme Court’s Rule of Appellate Procedure, there are six specific considerations the Indiana Supreme Court gives to every case. The general consideration is where to appeal it are direct and a matter or right. This means the case does not go to the Indiana Court of Appeals first ...
March 24, 2015Adam Hayes
Adoption (which is hand in hand with termination of parental rights) is unique in that it can completely sever forever and all time a natural (or prior adoptive parent) parents (constitutional and fundamental) right to raise his or her own child with limits on a state’s right to interfere. The way adoption does this in legal terms is by consent of every person with a legal interest in the adoptive child’s right. In many cases, written consent under the Adoption Act1 may be waived. However, unless given in writing or found unnecessary by an adoption court under the statutory provisions, an ...
February 19, 2015CD
About a decade ago, mediation began to take hold in Indiana. It was so successful, the Indiana Supreme Court allowed trial courts to order parties to mediate their divorce case before setting a final contested divorce hearing on a congested court docket. Most trial courts were receptive to it.1 Attorneys also grew to like the process over the former model of a trial, because the parties could reach an agreement of their own accord versus having a court take control and decide. If you face mediation in your case, there are several things you can do to make the most of ...
January 27, 2015CD
Ciyou & Dixon, P.C. - Attorneys At Law, Bryan L. Ciyou and Lori B. Schmeltzer to present oral argument of B.C.H adoption before the Indiana Supreme Court, Thursday, September 25th, at 09:45am. Click here to review the Indiana Court of Appeals opinion. Click here to watch the Oral Argument before the Indiana Supreme Court.
September 25, 2014CD
In prior blog posts we have discussed the two types of opinions issued by the Indiana Court of Appeals, “for publication” and “not for publication.” Generally opinions issued “not for publication” or “NFP” are applicable to only the specific case at hand. Only the opinions that meet certain criteria are issued “for publication”, as follows: If the case: establishes, modifies, or clarifies a rule of law; criticizes existing law; or involves a legal or factual issue of unique interest or substantial public importance1 In some circumstances, when the opinion is initially issued, it will be “for publication” and in other circumstances; even if an opinion ...
May 8, 2014CD
When a matter is ripe for appeal, there first must be a determination of which Court has jurisdiction. In many cases, the Court of Appeals has jurisdiction, and the briefs, appendix, and related filings will be reviewed by the Court of Appeals. This is generally true for final orders. In some cases, however, the jurisdiction goes straight to the Indiana Supreme Court. The Court of Appeals has jurisdiction over all appeals from Final Judgments of Circuit, Superior, Probate, and County Courts (if the Supreme Court does not have jurisdiction). Additionally, the Court of Appeals has jurisdiction over interlocutory (before a final ...
May 6, 2014CD