The hallmark of justice in our society for serious criminal cases is a jury of one’s peers and a fair and impartial judge. No system is perfect. Human perceptions and job focus can sometimes interfere with a criminal case to such an extent a fair trial is not possible. In a new key criminal case on appeal, the Indiana Court of Appeals barred trial in northern Indiana of man who was charged with the shooting death of his wife.1 At the most basic level, a person charged with a crime carries a heavy burden in society while awaiting trial. For this ...
Tag: time period
June 15, 2017CD
After a custody and parenting time determination, the parenting time schedule is set as specific as possible, so that the parties know their parenting time schedule. Often, the non-custodial parent will have a midweek and every other weekend as their parenting time schedule. The non-custodial parent may have more or less parenting time, depending on the Order or agreement of the parties. But, one matter not so well-defined is the opportunity for additional parenting time. If, during a parent’s parenting time, they need childcare for the children, what is the protocol for offering that time to the other parent? Often, it ...
July 17, 2014CD
After review from the House of Representatives of the Indiana legislature, the proposed legislation, Senate Bill 27, was returned to the Senate with the House’s proposed changes, for approval before a final vote. Senate Bill 27 addresses some issues that may arise during adoption proceedings to streamline the judicial process, and protect the natural parent’s constitutional rights to raise his or her child. Under current Indiana law, if third parties file a Petition for Adoption of a Minor child, while a Petition to Establish Paternity in the natural Father is also pending, the matters must be consolidated and heard by the ...
April 10, 2014CD
A National Firearms Act trust is similar to a regular trust in that its ultimate use is to transfer the trust property upon the Settlor’s death or within a specified time period thereafter. The NFA trust is unique in that the trust assets are, among other things, NFA firearms. Part of the initial funding of the trust may be, upon approval by AFTE approval, NFA firearms. These firearms are machine guns lawfully registered before the May, 1986 ban under the Firearms Owners Protection Act. The other NFA property is generally comprised of short-barrel rifles, shotguns and suppressors, which may be integral ...
March 25, 2014CD
When an order or judgment is taken up on appeal, there are several deadlines to be noted. For example, when the notice of appeal must be filed, when the transcript is due, and when the briefs are due. But what happens after the briefs are done and the Court of Appeals issues its Opinion? If the Court of Appeals affirms the trial court, this means that the findings being appealed from the trial court are upheld by the Court of Appeals. If the case is reversed, this means that the trial court is essentially overruled by the Court of Appeals. If ...
September 10, 2013CD