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  5. What Happens If The Supreme Court Takes My Case?

What Happens If The Supreme Court Takes My Case?

On Behalf of Dixon & Moseley, P.C. | Nov 19, 2019 | Appellate Practice, Indiana Court of Appeals, Supreme Court

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 last several years.

If the Supreme Court grants transfer, it normally requests the parties’ counsel to orally argue the merits of the case before its five Justices. However, it can merely decide the case and issue an opinion. In fact, because it is the Supreme Court, it can take any approach it wishes to a case it accepts on transfer as it deems appropriate. However, the ISC is steeped in tradition and ordinarily handles cases in routine ways.

That said, assuming there is an oral argument, the ISC may ultimately affirm the COA in whole or part, reverse the COA and affirm the trial court, or in cases where there are conflicting COA decisions, invalidate an entire line of caselaw. If the ISC reverses the COA, then it means the trial court’s decision may be reversed or affirmed depending on how the COA ruled. These are the customary ways the ISC handles and decides cases.

The recent case of Harris v. State2 illustrates a newer style the ISC has taken in deciding how to handle the laws before it based on different facts that may be presented in each case. In Harris, after granting transfer, the ISC heard oral arguments from the parties. Then, after the case, its’ Justices held a conference to discuss the points raised in oral argument. In this conference, the ISC determined that it should not have assumed jurisdiction over the appeal and reinstated the Indiana Court of Appeals’ decision.3

Ultimately, to promote stability and uniformity in the law, the ISC signaled that in certain cases that appear to merit transfer, the better way to serve the needs of the litigants that come before it is to vacate its jurisdiction over a case correctly decided by the COA. This means that Hoosiers and those litigating in the Indiana legal system should know that the legal system has a series of checks and balance on the law at the highest levels. Only when a case has such unique facts and the law is not correctly being applied to them or is outdated, will the ISC decide a case on the merits. This blog was written by Dixon & Moseley, P.C. advocates who handles appeals from all final orders from Indiana trial courts. This blog is written for general educational purposes; it not legal advice or a solicitation for services. It is an advertisement.

  • Indiana Rule of Appellate Procedure 4.
  • 19S-PC-00-529.
  • Harris v. State, 131 N.E.3d 195 (Ind.Ct.App.2009).
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    On Behalf of Dixon & Moseley, P.C. | Apr 19, 2026 | Uncategorized

    Executive Summary Indiana is a “one-pot” property state when it comes to marital property. This means that almost all property owned by either spouse at the time of the dissolution is included. Common types of marital property include property acquired during the marriage, property owned before the marriage, inheritances and gifts, retirement accounts and pensions, businesses, and debts and liabilities.…

    Parenting Time vs. Custody in Indiana: What Parents Confuse Most

    On Behalf of Dixon & Moseley, P.C. | Apr 15, 2026 | Uncategorized

    Executive Summary There are many differences and common misconceptions surrounding custody and parenting time. Custody, which is divided into legal custody and physical custody, deals with who has the authority to make major decisions about a child’s life and where the child primarily lives, respectively. Parenting time refers to the schedule of when each parent will physically spend time with…

    Can Custody Be Modified in Indiana? What Must Change

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

    Executive Summary Yes, custody can be modified in Indiana. Courts require a showing that modification of custody is in the best interests of the child and that there has been a substantial change in one or more statutory factors the court looks at when deciding custody. Some common examples of changes that warrant custody modification include a significant change in…

    How Indiana Judges Decide Child Custody—the “Best Interests of the Child” Standard

    On Behalf of Dixon & Moseley, P.C. | Apr 7, 2026 | Uncategorized

    Executive Summary When parents separate or divorce, child custody is often the most emotional and contested issue. In Indiana, judges do not award custody based on gender, income alone, or who “deserves” it more. Instead, courts apply a legal standard known as the “best interests of the child.” Courts consider 8 statutory factors to determine what custody arrangement is in…

    Is Indiana a 50/50 Divorce State? What the Law Really Says

    On Behalf of Dixon & Moseley, P.C. | Apr 5, 2026 | Uncategorized

    Executive Summary The short answer is no, Indiana is not a 50/50 divorce state, but it often starts out that way. Indiana does not require marital property to be divided equally in every divorce. Instead, Indiana follows the rule of equitable distribution, with a presumption that an equal division is fair unless evidence shows otherwise. The court looks at the…

    Step-Parent Adoption: How It Works in Indiana

    On Behalf of Dixon & Moseley, P.C. | Apr 5, 2026 | Uncategorized

    Stepparent adoption grants the same legal rights and responsibilities to a stepparent that a biological parent would have. In addition to meeting the requirements associated with any form of adoption, the stepparent must be leally married to the custodial parent to adopt their stepchild. The non-custodial biological parent of the child must consent to the adoption absent specific legal grounds…

    How Divorce Works in Indiana: Step by Step (2026 Guide)

    On Behalf of Dixon & Moseley, P.C. | Mar 24, 2026 | Uncategorized

    Executive Summary In order to divorce in Indiana, at least one spouse must meet the statutory residency requirement. There are numerous grounds recognized for divorce by Indiana courts, but the most common is irretrievable breakdown of the marriage. A spouse seeking a divorce must prepare a petition including information about any minor or dependent children they have, as well as…

    Indiana Guardianship Laws (2026): How to File, Costs, Types, and Alternatives

    On Behalf of Dixon & Moseley, P.C. | Mar 19, 2026 | Uncategorized

    Executive Summary A guardianship is a court supervised legal arrangement where a judge appoints a guardian to make decisions for someone that is incapacitated and unable to make decisions about their finances. To obtain a guardianship, a prospective guardian must file a petition for guardianship with the appropriate court, notify interested parties, and attend a hearing where a judge will…

    Indiana’s New Custody Law: What Parents Need to Know About Findings of Fact Executive Summary

    On Behalf of Dixon & Moseley, P.C. | Mar 17, 2026 | Uncategorized

    Indiana law now requires judges to explain child custody decisions in writing. As of July 1, 2025, Indiana courts must include written findings of fact and conclusions of law in final custody orders. This means judges can no longer issue unexplained custody rulings. Instead, they must clearly identify the evidence they relied upon and explain how it supports the custody…

    Protective Order in Indiana: Filing Online, What It Covers, and What Happens Next Executive Summary

    On Behalf of Dixon & Moseley, P.C. | Mar 12, 2026 | Uncategorized

    Indiana protective orders are civil court orders that can restrict contact, require someone to stay away from you, and impose other safety‑related conditions in situations involving domestic or family violence, sexual assault, stalking, harassment, or child sex grooming. In Indiana, petitions for protective orders can be filed through the state’s Protection Order E‑Filing Service, and once an order is issued,…

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