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Dixon & Moseley | Attorneys At Law
  • Home
  • About
    • Julie C. Dixon
    • Alexander Moseley
    • Matthew McConnell
    • Adrian DeNeen
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  5. Can I Take My Case Straight to the Supreme Court?

Can I Take My Case Straight to the Supreme Court?

On Behalf of Dixon & Moseley, P.C. | Nov 20, 2018 | Appellate Practice, Civil Appeal, Criminal Appeals, Indiana Court of Appeals, Supreme Court

Probably not, at least right away. Ultimately, yes. Much of what lawyers and clients do in the legal system is far removed from the courtroom. However, where litigation is involved, the stakes are often high—in terms of loss of freedom, money/property or children. This type of litigation is a client’s life. A court loss is traumatic and sometimes leads to an appeal. All appeals are important but sometimes litigants just want “to go to the supreme court”. This blog covers few cases that automatically go to the Indiana Supreme Court versus the Court of Appeals and covers how a case that first starts in the Court of Appeals may wind up in the Indiana Supreme Court or United States Supreme Court.

Generally, most readers would only have their case or a loved one’s proceed directly to the Indiana Supreme Court in one of two ways. The first is obvious because of the loss of life or freedom. In cases where a judge or jury imposes a death sentence or life without parole and in appeals for post-conviction relief in which the sentence was death, the Indiana Supreme Court has mandatory and exclusive jurisdiction. This means the case does not go to the Court of Appeals first. The risk of loss of life or freedom for life goes straight to the five justices of the Supreme Court as a serious protection of your ultimate liberty interest.

Perhaps more common is a by-product of the hundreds of new laws that are passed by the Legislature each year. Sometimes even well-intentioned laws do not follow constitutional limitations and impinge on your freedoms. In this case, a trial court may declare a state or federal statute unconstitutional in whole or in part. Since constitutional rights are at stake as well as a delicate separation of powers (judicial and legislative) these adjudications go directly to the Indiana Supreme Court. This too protects our freedoms and are of such significance they do not first go to appeal in the Indiana Court of Appeals.1

Lastly, the Indiana Supreme Court has the ultimate protection for every litigant in state court to avoid a trial court judge acting beyond his or her authority. In rare occasions, a litigant may effectively “sue” a judge or court by bringing an original action in the Indiana Supreme Court to seek an order to stop or mandate an Indiana trial court or judge act or not act in a given situation. These original actions are very rare and disfavored because they effectively navigate around the trial court and appellate process. Nevertheless, this provision exists to provide litigants with protection and direct access to the Indiana Supreme Court in rare—but the right situations.

In all other cases where there are final appealable orders or certain interlocutory orders, the case proceeds first to the Indiana Court of Appeals. Ultimately, every litigant has the right to seek the Indiana Supreme Court to grant transfer and have it then reconsider the Court of Appeals’ decision. This is a discretionary call by the Indiana Supreme Court and is not an appeal as a matter of right. Notwithstanding, a party who has the Indiana Supreme Court decide their case and loses or is denied transfer has a right to seek Certiorari to the United States Supreme Court.

Thus, while you may not be able to take your case directly to the Indiana Supreme Court, you have the right to seek it to hear your case as well as the United State Supreme Court if the proper rules and time deadlines are followed. These are strict and rigid, so if you plan to appeal, you should obtain appellate counsel at once. This blog was written by Dixon & Moseley, P.C. advocates who handle appeals of all types. It is written as general educational material. Hopefully, it helps you understand some of your legal rights in Indiana. This blog is not written as specific legal advice or a solicitation for services. It is an advertisement.

  • Indiana Rule of Appellate Procedure 4.
  • What Orders Can Be Appealed in Indiana? A Guide to Final Judgments, Interlocutory Appeals, and Appellate Rights (2026)

    On Behalf of Dixon & Moseley, P.C. | Aug 5, 2026 | Firm News

    An Indiana appellate lawyer's guide to determining whether a trial court order can be appealed and when appellate review may be available. Quick Answer: What Orders Can Be Appealed in Indiana? Not every unfavorable court ruling can be appealed immediately. In Indiana,...

    How Many Days Do You Have to Appeal in Indiana? (2026)

    On Behalf of Dixon & Moseley, P.C. | Jul 15, 2026 | Firm News

    An Indiana appellate lawyer’s guide to Notice of Appeal deadlines, Motions to Correct Error, interlocutory appeals, and common timing mistakes. Quick Answer: How Many Days Do You Have to Appeal a Case in Indiana? In most Indiana appeals from a final judgment, the...

    How to Appeal a Case in Indiana: Step-by-Step Guide, Deadlines, Costs, and Common Mistakes (2026)

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

    A practical Indiana appellate lawyer’s guide to Notice of Appeal deadlines, appealable orders, the appellate record, briefing, oral argument, rehearing, and transfer to the Indiana Supreme Court. If you lost a civil case in Indiana, you may wonder whether the trial...

    Common Grounds for Appeal in Indiana Civil Cases (Complete Guide)

    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…

    What Happens to the House in an Indiana Divorce?

    On Behalf of Dixon & Moseley, P.C. | Apr 23, 2026 | Uncategorized

    Executive Summary A house is considered marital property if it is owned by one or both spouses, even if it was acquired before the marriage. Indiana law presumes that a 50/50 division of marital property is fair, but this presumption can be rebutted by a number of factors. As for the house specifically, the court may award the house to…

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    Recent Posts

    • 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)
    • How to Appeal a Case in Indiana: Step-by-Step Guide, Deadlines, Costs, and Common Mistakes (2026)
    • Common Grounds for Appeal in Indiana Civil Cases (Complete Guide)
    • When Is Parental Consent NOT Required for Adoption in Indiana? (2026 Guide)

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