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Dixon & Moseley | Attorneys At Law
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    • Alexander Moseley
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  5. “I’m Taking My Case To The Supreme Court?”

“I’m Taking My Case To The Supreme Court?”

On Behalf of Dixon & Moseley, P.C. | Mar 24, 2015 | Appellate Practice, Criminal Appeals, Indiana Court of Appeals, Supreme Court

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 as most do. Only a very few cases allow for direct appeal. The first are criminal appeals where the sentence is life imprisonment without parole or a death sentence. In addition, trial court decisions that find a state or federal statute is unconstitutional go to the Indiana Supreme Court, as well as a waiver of parental consent to abortion, and mandate of funds.1

In the rest of cases from the trial court (the majority of appealable orders), the case is first appealed to the Indiana court of appeals. If a litigant is not satisfied with the decision of the Indiana Court of Appeals, he or she may file a Petition to Transfer requesting the Indiana Supreme Court consider taking the case on transfer (from the Court of Appeals) for one or more of six reasons:2

These cases are obvious ones. The first type of discretionary appeal is where the decision sought to be appealed is in conflict with other Indiana Court of Appeals decisions. The second is where the case to be appealed is in conflict with the decision of the Indiana Supreme Court itself. These are somewhat common considerations.

The third, but far less common consideration, is the Court of Appeals’ decision conflicts with a federal appellate decision. This is somewhat complex and may involve a federal statute or state law. Typically, federal law is supreme to state law under the Supremacy Clause of the United States Constitution.

With our system of English Common law as a default, statutory law, and caselaw, sometimes undecided or grey areas arise with these. If this is the case, an undecided question of law may be presented to the Indiana Supreme Court. These are more common with the complexity of our post-modern society where in any given case, common law, statutes, cases, and administrative rules and regulation may apply, along with their federal counter parts.

The fifth and sixth areas of consideration will probably gather more steam as our Society changes so rapidly in the computer and information (instantaneous) era. A precedent (case) that is somewhat outdated because of changes in our society may be such a case, with one of the recent issues being decided in a narrow context by the Indiana Supreme Court is third party custody, as more and more children are being reared by third parties. Finally, where a law or custom or practice is standard, even if not reduced to a written rule or case or statute, a trial court decision and/or one by the Court of Appeals that radically departs from this may be considered by the Supreme Court.

In most all cases, if your case is considered by the Indiana Supreme Court or they deny it, there is a right to seek Certorari to the United States Supreme Court, generally on constitutional grounds.

We hope you find this information useful in understanding the Indiana appellate process. This blog post is written by attorneys at Dixon & Moseley, P.C. and is for general educational purposes only. It is not legal advice, or solicitation for legal services. Dixon & Moseley, P.C. attorneys handle civil and criminal appeals from all Indiana state trial court.

  • Ind.RuleAppellate Procedure 4(A).
  • Ind.Rule Appellate Procedure 57(H).
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    An Indiana appellate lawyer's guide to Notices of Appeal, Indiana Appellate Rule 9, filing deadlines, and the first step in the appellate process. Quick Answer: What Is a Notice of Appeal in Indiana? A Notice of Appeal is the document that formally starts an appeal in...

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    On Behalf of Dixon & Moseley, P.C. | Jul 9, 2026 | Uncategorized

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    On Behalf of Dixon & Moseley, P.C. | Jul 1, 2026 | Uncategorized

    When a civil case does not go your way in an Indiana trial court, an appeal may provide a path to reversal, but only if certain legal errors occurred. Indiana appellate courts do not retry cases or reweigh evidence. Instead, they review whether the trial court...

    When Is Parental Consent NOT Required for Adoption in Indiana? (2026 Guide)

    On Behalf of Dixon & Moseley, P.C. | Jun 25, 2026 | Uncategorized

    Adoption in Indiana typically requires the consent of a child’s biological parents. However, Indiana law provides several important exceptions where a court may allow an adoption to proceed without a parent’s consent. Understanding these exceptions is critical;...

    Failure to Object: When Is an Issue Waived?

    On Behalf of Dixon & Moseley, P.C. | Jun 9, 2026 | Uncategorized

    An Indiana Litigation Guide for Preserving Error on Appeal In Indiana litigation, one of the most common mistakes a trial lawyer can make is failing to object at the right time and in the right manner. The rule is simple but unforgiving: if you do not properly object, you may waive the issue for appeal. An objection must be timely…

    Waiver on Appeal: The #1 Reason Appeals Lose in Indiana

    On Behalf of Dixon & Moseley, P.C. | Jun 2, 2026 | Uncategorized

    In Indiana appellate practice, many appeals do not fail because the underlying issue lacked merit. They fail because the issue was waived. In plain terms, waiver means the appellate court will not decide an argument because it was not properly preserved in the trial court, properly supported on appeal, or properly presented under the Indiana Rules of Appellate Procedure. Common…

    How to Preserve Error for Appeal in Indiana

    On Behalf of Dixon & Moseley, P.C. | May 28, 2026 | Uncategorized

    Executive Summary There are several things that an attorney can do to ensure that an error is preserved for appeal. Making timely and specific objections and obtaining an explicit ruling from the judge on such objections can ensure that a matter is preserved. If evidence is excluded, the attorney should make offers of proof through questioning the witness outside of…

    Can a mother legally deny parenting time to an unmarried father?

    On Behalf of Dixon & Moseley, P.C. | May 10, 2026 | Uncategorized

    The answer depends on several important legal factors, including paternity, custody orders, and the best interests of the child. An unmarried mother has sole legal custody in Indiana unless a court orders otherwise. An unmarried father does not have enforceable rights until paternity is established by either signing a paternity affidavit or filing a paternity action in court. If paternity…

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    • What Is a Notice of Appeal in Indiana? A Guide to Starting an Indiana Appeal (2026)
    • What Orders Can Be Appealed in Indiana? A Guide to Final Judgments, Interlocutory Appeals, and Appellate Rights (2026)
    • How Many Days Do You Have to Appeal in Indiana? (2026)
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    • Common Grounds for Appeal in Indiana Civil Cases (Complete Guide)

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