Most divorce cases, even those involving complex property issues and hotly contested custody matters resolve at mediation. Those that do not often wind up in final hearings that may go over several non-consecutive days over the expanse of weeks or months. After numerous witnesses, arguments over the admission of exhibits, and cross-examination, most litigants cannot wait to get their divorce decree and order so they can start moving on in life. The question is when should you expect it? This answer to this question is, “it depends”. However, in almost all cases, the court will take the matter “under advisement” ...
Tag: Supreme Court
May 7, 2020CD
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
The Indiana Court of Appeals made it abundantly clear that if you want to interfere with a criminal proceeding by refusing to testify and do so with a grant of immunity, you will go to jail. A key new case on this rule is the topic of this blog post. In Michael Leroy Tunis v. State of Indiana, 2019 Ind. App. LEXIS 322, Tunis was called upon to testify against Samuel Jude Clark in Clark’s trial for alleged theft and conspiracy. Tunis immediately asserted his Fifth Amendment privilege and right not to incriminate himself, leading the Trial Court to grant him ...
July 25, 2019CD
Every litigant in Indiana administrative proceedings or trial courts has the ultimate right to appeal to the Indiana Court of Appeals. Trial courts make many orders, but typically it is the last one deciding the issues that is the final order that is subject to appeal. Usually. However, life and law are complex and sometimes an appealed order is not final as to all of the issues or not a final order at all. A recent case, Severance v. Pleasant View, demonstrates that even where a case before the Court of Appeals does not present a final appealable order, it ...
March 26, 2018CD
The polygraph test has urban myth status among a large segment of society. A polygraph test is an important tool in every lawyer’s toolbox--including that of the criminal defense attorney. This blog post explores the myriad of uses and limits of a polygraph and similar tests in the legal system today, as well as those for the future. Will a polygraph test prove useful in your criminal matter (civil)? A common agreement among criminal defense lawyers is individuals should not make statements to police officers if they are being investigated. However, even when knowing not to make statements, some will answer questions ...
November 7, 2017CD
Most of us do not operate our lives thinking about United States Supreme Court decisions. However, those decisions shape the world we live in and balance public policies against constitutional freedoms based on the issues of the times. There are three key SCOTUS cases that have been or were recently decided that impact each person who might read this blog in some way. Understanding these cases helps ensure the public that the branches government are represented by the people. The first is Birchfield v. North Dakota, 136 S.Ct. 2160 (June 23, 2016). To make the complex cases more useful to non-lawyers ...
August 30, 2016Adam Hayes
Starting July 1, 2016, the Supreme Court, Court of Appeals and the courts of Hamilton County are switching to a mandatory e-filing system. There are several changes to the rules as they relate to filing a new case or filing within an open case. For example, the Supreme Court and Court of Appeals will no longer require colored covers for briefs. Attorneys may sign filings via electronic signature. Also, beginning on July 1, 2016, Appellate motions will be made available to the public online. However, Notice of Appeals are not yet eligible for e-filing. There are also special rules for ...
June 29, 2016Adam Hayes
Almost every final decision of an Indiana trial court can be appealed to the Indiana Court of appeals by perfecting the appeal and “briefing” the matter. Appellate attorneys often spend considerable time drafting or “framing” the issues so they bring attention to the question of law and fact at hand. The Court of Appeals central role is not to re-weigh (or second guess a trial court’s decision) on how it viewed facts. Instead, it looks at how the trial court applied the facts to the law. Thus, a good appellate issue should be combination of both. First, an appellate issue should ...
January 26, 2016Adam Hayes
All final orders of Indiana trial courts are appealable by right, meaning that the Court of Appeals must review the merits of your appeal and issue a Decision.1 The Supreme Court (of Indiana or the United States) has discretionary review of most types of cases (there are some that the Supreme Court must review, mostly related to criminal matters), and thus the review by the Supreme Court of a Court of Appeals opinion is by permission of the Supreme Court.2 So you have decided to appeal an unfavorable trial court order, what happens while you wait for a decision from the ...
November 6, 2014CD