In Indiana, all crimes are statutory. Indiana’s criminal statutes are codified in Title 35 of the Indiana Code, titled “Criminal Law and procedure.” Conduct by a person, however reprehensible, is not a crime, and punishable, unless the Indiana Legislature has exercised its authority to define it as a crime. Because crimes are punishable by a loss of constitutionally protected freedom (i.e. jail and probation), a person must have notice that his or her behavior is criminal. Crimes must be written and published for the general public so that any person has effective notice of what constitutes criminal activity. Each word or phrase ...
November 25, 2014CD
Since jail time, whatever the reason, infringes on a deeply protected right to freedom, most states, and the federal government, takes jail as punishment for a crime seriously. Jail for civil contempt reasons is far less common, and cannot be used to “punish,” but rather to incite action to comply with court orders. One of the main tenants of the constitution is to protect certain civil liberties that we, as a society, hold in high regard, such as freedom, free speech, and bearing arms. Many civil liberties receive more attention these days in the media than jail time, because generally, ...
October 14, 2014CD
The Indiana Legislature has recently voted to amend the state Constitution to prohibit same-sex marriage in Indiana. This matter will not be voted on by the public for some time, but in the interim, there are lawsuits moving forward regarding the same-sex marriage ban Indiana already has in place (by statute and caselaw). Recently, four (4) lawsuits have been filed in Federal Court regarding Indiana’s ban on same-sex marriage. Indiana Code 31-11-1-1 defines marriage as between a man and a woman only and does not recognize same-sex marriages, even if valid in the state performed. The parties suing are alleging that ...
May 22, 2014CD
Recent blogs have discussed civil protective orders and related matters when there is a harm or threat of harm from a family or household member1. In filing a petition for a civil protection order, the party petitioning for same must check whether the person they are seeking to protect themselves against relationship to them2. For example, the person may be a spouse, former spouse, the parties may have a child in common, the parties may have resided together in an intimate relationship, or the person may be a parent or foster parent. In Indiana, the domestic battery statute defines an individual ...
November 5, 2013CD
A topic Ciyou & Dixon, P.C. has blogged about before is the new emancipation statute effective July 1, 2012, the new child support statute inIndianagoes into effect. However, there has been a recent case decided by the Indiana Court of Appeals which gives into how the Indiana Court of Appeals may view and apply this new law. To recap, the new child support emancipation differs from the current version mainly due to the change in the child’s age to terminate child support. Under the current (soon to be old law) children generally receive child support until they turned twenty-one (21). Under ...
June 14, 2012CD
The American court system is one filled with deadlines: deadlines for discovery to find out important information to proceed with a case to trial, deadlines for filings of numerous types, and to begin with, deadlines for initiating a lawsuit. There are numerous rules in the court system regarding statutes of limitation and when one can timely file a lawsuit (or appeal by a Notice of Appeal). Often, one of the first questions Ciyou & Dixon, P.C. attorneys ask when speaking to a potential new client is what has been filed recently, if the case is pending, and in any situation, if ...
April 12, 2012CD
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 in the course of search and seizure. Under Indiana criminal statute, “following the final disposition of the cause at trial level or ...
August 18, 2011CD
At Ciyou & Dixon, P.C., we frequently receive questions from our clients and the general public about Indiana’s self-defense laws, given our practice area covering firearms law. A number of legal concepts applicable to the use of deadly force are well developed. This blog post starts with these. First, Indiana’s self-defense statutes have long provided a legal justification for the use of deadly force in three (3) factual circumstances: To prevent serious bodily injury or death. To prevent a forcible felony (there is a separate provision for hijacking of aircraft, but this is a forcible felony). To prevent or terminate the other person’s unlawful ...
July 7, 2011CD
The penal law for the “property” exception (where a License was not required to lawfully carry a handgun) was not well defined before SB 506 was enacted. The statute merely set out that a License was not required to carry “on the person’s property.” Very few reported appellate cases addressed this exception directly or indirectly. Namely, there was virtually no guidance as to what constituted a “person’s property.” In previous edition’s of Bryan Ciyou’s books on Indiana firearms’ laws, a conservation analysis was provided and continued through subsequent editions. Under this analysis, “property” would necessarily be “real property”, not personal property ...
May 17, 2011CD
This question is one that has played itself time and again through US history and in every state. The legal concept of preemption may apply to any matter. In basic form, it asks the question of who should decide a matter — the State or the local government. Many years ago, Indiana law fundamentally changed on how this was viewed. Until this, the only power a local branch of government possessed to regulate its affairs was what was specified by the Legislature in a statute. In other words, if a statute did not allow a local government to regulate firearms ...
May 11, 2011CD