You’ve probably heard the old phrase, “I’ll appeal it!” But what does that mean? Your first mental image may be an argument before justices of the United States Supreme Court in a landmark case like Brown v. Board of Education or Roe v. Wade. For Indiana litigants, there is the remote possibility that a case that originates in an Indiana trial court may wind up in SCOTUS. However, the chances are slim. If you do not believe your Indiana judge or jury has decided your case correctly, you will most likely appeal to the Indiana Court of Appeals. While this ...
Tag: united states supreme court
June 25, 2019CD
While very few cases of the tens of thousands of cases carefully decided by Indiana trial court judges are appealed to the Indiana Court of Appeals or Indiana Supreme Court each year, a litigant with an adverse civil judgment or criminal conviction should carefully weigh the options of appealing. This is because a judgment after the time for appeal (typically 30 days) stands and there are very few legal reasons to bring a challenge at a later date. In criminal cases, first, the failure to appeal to highest discretionary court (meaning the court does not have to accept the case) limits ...
November 3, 2016Adam Hayes
The right to marry and divorce in Indiana has historically been limited to male-female relationships. The statutes providing this right remain the same. However, constitutional law is superior to statutes. There have been claims that Indiana’s Marriage and Dissolution statutes are unconstitutional as it relates to unions between same-sex coupled. On September 4, 2014, on appeal from a federal trial court, Baskin v. Bogan, 766 F.3d 648 (2014), the Seventh Circuit of Appeals found Indiana’s statute and an amendment to the Wisconscin constitution banning same sex-marriage was unconstitutional. The United States Supreme Court refused to accept the case on Certorari. Therefore, ...
June 26, 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
A recent Supreme Court of the United States case addressed the issue of whether a search warrant is needed in order to search the contents of a person’s cell phone1. In this digital age of a cell phone acting as a lifeline to users (calendar, alarm clock, video/song player, financial planner, etc.), a device no bigger than a deck of playing cards can contain personal and intimate information about not only the owner, but others as well. In the recent ruling, the Court held that in order to search extensively the information contained in a person’s cell phone, the police must ...
January 13, 2015CD
There is no escaping the endless news stories involving the controversial issue of gay marriage lately, and Wednesday June 26, 2013, was no different. In fact, if you have twitter, facebook, or internet access for that matter, there was no escaping the conversations about the United States Supreme Court decision holding that DOMA is unconstitutional. DOMA stands for the “Defense of Marriage Act” which was enacted by Congress in 1996.1 DOMA essentially codified the federal rule that if a state legalized marriage between same sex couples, another state was no required to recognize that union, even if entered into legally in ...
July 5, 2013CD
Few topics pull at the heart strings of adult children, grandparents, friends, relatives and other third parties more than providing for and protecting a child they have bonded with. Courts, lawyers, psychologistsi and guardiansii (daily) struggle with how to best resolve disputes between them over physical custody in paternityiii and divorceiv cases, follow constitutional imperatives and meet the best interests standard. The law is fairly clear. A natural parent’s right is superior to a third party, including a grandparent.v In fact, the United States Supreme Court has so ruled.vi Even a grandparent is entitled to only occasional visitation with his or ...
February 3, 2012CD
As counselors and advocates in the law, we often find clients fundamentally misunderstand the ability to take an individual case to the highest court in the State, the Indiana Supreme Court, or to the United States Supreme Court. For the most part, these Courts do not focus on correction of errors made by lower courts. However, all rules have exceptions, and because of the loss of life (death penalty) or freedom (incarceration), these courts do consider the factual and legal merits of these cases in the right circumstances. In Indiana, the Indiana Supreme Court does take direct transfer of some more serious ...
May 3, 2011CD