While it may seem that America, and even Indiana are getting more and more litigious and new lawsuits are never ending, the cases that actually go to jury trial are far fewer than actual cases filed. This is because many cases settle outside of court, using either alternative dispute resolution or are dismissed. A recent profile by the Indiana State Judiciary examined the judiciary system in Indiana for 20121. In Indiana, during 2012, 1.6 million new cases were filed2. However, only 1,338 jury trials were held in Indiana in 2012, a decline from past years.3 These cases include criminal and civil ...
December 24, 2013CD
In the past several years there has been significant discussion throughout the United States about the legalization of marijuana. In 1996, California was the first state to legalize the use of medical marijuana, since 20 more states have followed suit, including: Alaska, Arizona, Colorado, Connecticut, Washington DC, Delaware, Hawaii, Illinois, Maine, Massachusetts, Michigan, Montana, Nevada, New Hampshire, New Jersey, New Mexico, Oregon, Rhode Island, Vermont and Washington State1. In a bold move, last year, Colorado became the first state to legalize the recreational use of marijuana2. However, notably, Indiana is absent from the list. Also, bear in mind, possession and use ...
December 19, 2013CD
A recent blog post explored a Court of Appeals case just recently handed down which allowed for a same sex partner to seek visitation of a child after the couple had split up. The topic of same sex couples, marriages, and parents have come to the forefront of many areas of domestic and family law, and is being reviewed and addressed by several states and agencies within states across the nation currently. A previous blog post explored a proposed ban on same-sex marriage as a constitutional amendment in Indiana1. At the time, the United States Supreme Court had not yet ruled ...
December 12, 2013CD
It is easy this day and age to believe violent crime is out of control. Take a look at any news story, the headlines of the evening paper, or listen to a radio news report and there will likely be several reports of violent crime in your area or nationally. The media is often attributed with over reporting these types of statistics. Do not let this scare you. In fact, according to the FBI Uniform Crime Reports, violent crime has been steadily decreasing. (FBI Uniform Crime Report, Preliminary Semiannual Crime Report). This has been the trending since the 1970s. Because it ...
August 29, 2013CD
An observation Ciyou & Dixon, P.C. attorneys make is the nature, scope and complexity of facts that arise in child custody modification cases are often as diverse as the controlling statutes and case law. Thus, trial courts have wide latitude to decide these matters; subsequent modifications have a tendency to, or perception of, unsettling the child(ren) and are more difficult to accomplish than the original determination. This dynamic is recognized by Indiana appellate courts, who support wide discretion to trial court’s decisions and, correspondingly, are unlikely to reverse.1 Insights and examples into the outer boundaries of this discretion are difficult to ...
April 5, 2012CD
The laws of the state of Indiana give parents a great deal of latitude in the raising of their child(ren). In fact, the United States Constitution contains the fundamental right for biological parents–above others--to raise their children as they see fit: whatever their religion, morals, and values may be1. To third parties and outsiders, this is sometimes very hard to accept if they believe they could better parent. However, this fundamental right is not a blanket exception for parents to be neglectful or cause physical or mental harm to their children. Where the parents are divorced, there are a number of ...
March 29, 2012CD
A Rare Glimpse into the Life-Cycle of a Law through the Three-Branches of Government Many readers of Ciyou & Dixon, P.C.’s blog posts appreciate our commitment to the educational aspects of law. We fundamentally believe to live a better, fuller and more meaningful life under the law, and the make the most of the freedoms ensured by our legal system, we need to be life-long students. Hopefully, most readers recognize that our current legal system and body of law is rooted in the English legal system. Even so, because laws usually change very slowly, most of us have a difficult time seeing ...
March 27, 2012CD
Ciyou & Dixon, P.C. advocates sometime observe litigants lose sight of the fact that a divorce, where children are involved, is a complex financial transaction impacting matters ranging from life insurance to unanticipated tax consequences. One significant issue is which parent can deduct the child(ren) on his or her taxes and how often (e.g. every other year, each year?). Until recently, the subject was addressed by Indiana caselaw, but now there is a new statute that provides more understanding about tax exemptions and how they are allocated, at least if the trial court decides the matter in the absence of an ...
March 22, 2012CD
Child Support to End At Age 19!! A near universal we observe is that child support is an issue that is contentious: the payor argues it is not enough to take care of the child and the payee too much support for him/her to live a decent lifestyle. And child support is applicable to almost every paternity and divorce action in which children are involved (Indiana Child Support Rule 2 (Presumption)). Precisely, the Indiana Child Support Rules and Guidelines, with foundational support in Indiana (and federal) statutes, help parties determine how much to pay, when to pay, and when to stop paying. ...
March 13, 2012CD
As domestic advocates, we at Ciyou & Dixon, P.C. find our jobs difficult in most every case to help our clients make very important custody and property (assets and liability) decisions (objectives of the litigation) while addressing significant emotional turmoil typically associated with divorce. And we only have to help one side through this time period. When the emotion of both parties combines, and there are two (2) sides to custody and property issues, this is where Indiana’s mediators and judges come in. They have very difficult jobs balancing these positions to either help the parties reach common ground (a mediated ...
February 14, 2012CD