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Dixon & Moseley | Attorneys At Law
  • Home
  • About
    • Julie C. Dixon
    • Alexander Moseley
    • Matthew McConnell
    • Adrian DeNeen
  • Practice Areas
    • Family Law
      • Adoption
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  3. Category: "Appellate Practice" (Page 8)

Appellate Practice

Breaking News, What You Need To Know: Indiana Court of Appeals Orders State To Reimburse Man $77k For Illegal Seizure

On Behalf of Dixon & Moseley, P.C. | May 29, 2019 | Appellate Practice, Indiana Court of Appeals

The United States Constitution, as well as the Indiana Constitution, protect against “illegal searches and seizures.” This means that a law enforcement officer cannot simply search your person or home, or seize your belongings, unless certain requirements are met. In Indiana, seizures of personal property must be done in accordance with Ind. Code 34-24-1. In a nutshell, property cannot be…

What is an Interlocutory Appeal?

On Behalf of Dixon & Moseley, P.C. | May 28, 2019 | Appellate Practice, Indiana Court of Appeals

Many people in Indiana have a general idea of what it means to appeal a decision. The popularity of legal TV shows, true crime shows streamed to our laptops and tablets, and news stories about the reversal of criminal convictions based on DNA evidence or a new United States Supreme Court case all touch on the idea of an “appeal.”…

Breaking News, What You Need To Know: Indiana Court Of Appeals Affirms Denial Of Protective Order For Alleged “Sex Offense”

On Behalf of Dixon & Moseley, P.C. | May 13, 2019 | Appellate Practice, Indiana Court of Appeals

The Indiana Civil Protection Order Act (“ICPOA”)1 was enacted to protect victims of domestic or family violence and promote the prevention of future domestic and family violence2. The Act allows victims to file for an order of protection against members of their own household who have committed domestic or family violence. The Act also allows victims to file for an…

Breaking News, What You Need to Know: Court of Appeals Rules Weapon “Pat-Down” That Lead to Drug Evidence Constitutional

On Behalf of Dixon & Moseley, P.C. | Apr 8, 2019 | Appellate Practice, Criminal Appeals, Drug Possession, Indiana Court of Appeals

Everyone has heard the term “illegal search and seizures.” But what does this mean? In general, the Fourth Amendment of the US Constitution makes unlawful searches and seizures illegal, meaning that any evidence found during an unlawful search cannot be used against you in a court of law1. When it comes to “unlawful searches”, it is not always black and…

Breaking News, What You Need to Know: Indiana Court of Appeals Rules Grandparents of Adopted Children Are Not Entitled to Seek Visitation

On Behalf of Dixon & Moseley, P.C. | Apr 4, 2019 | Appellate Practice, Grandparents Rights, Indiana Court of Appeals, Paternity

Many out there would agree that Grandparents impact our lives in a big way. Whether it be in a role of second parent, friend, mentor, babysitter, financial supporter, et cetera. Simply put, Grandparents serve an important role in many children’s lives. This is the reason that most jurisdictions across the Country have given Grandparent’s some sort of right to visitation…

How Do I Appeal an Agency Decision? A Brief Summary of Judicial Review

On Behalf of Dixon & Moseley, P.C. | Apr 3, 2019 | Appellate Practice

Many people are somewhat familiar with the process that lawsuits – whether civil or criminal – go through from the time they are filed to their conclusion. Maybe you’ve learned this in a civics class, you’ve actually been a part of a civil or criminal proceeding (whether as a witness or a party), you’ve gone through a divorce, or you’ve…

Breaking News, What You Need to Know: Indiana Court of Appeals Reverses CHINS Finding After DCS Failed “To Meet Its Burden”

On Behalf of Dixon & Moseley, P.C. | Apr 1, 2019 | Appellate Practice, Civil Appeal, Criminal Appeals, Indiana Court of Appeals

The United States Supreme Court has long recognized the “fundamental right of parents to make decisions concerning the care, custody, and control of their children.”1 This fundamental right to parent is why the Indiana Courts place the burden of proof on the Department of Child Services (“DCS”) when it comes to proving that a child is a child in need…

Breaking News, What You Need to Know: Indiana Supreme Court Rules Estate Does Not Need Heirs to Pursue Survivorship Damages

On Behalf of Dixon & Moseley, P.C. | Mar 6, 2019 | Appellate Practice, Indiana Court of Appeals, Supreme Court

Anyone who has dealt in the administration of an estate knows the amount of work that goes into it. Whether it be the estate of a recently passed loved one, a family member, or a friend, administration of an estate becomes tough due to the emotions typically involved with the passing of someone close to you. You may find yourself…

Breaking News, What You Need to Know: Court of Appeals Decides Snapchat Can Be Used as Evidence to Support Criminal Conviction

On Behalf of Dixon & Moseley, P.C. | Feb 27, 2019 | Appellate Practice, Criminal Appeals, Criminal Law, Indiana Court of Appeals

Most individuals are aware of the social media app Snapchat. For those unfamiliar, Snapchat is an app that allows its users to send and post pictures or videos for a specified amount of time. After that specified time expires, the video or picture is “deleted.” Unfortunately, once something is uploaded to the internet, it is never truly “deleted.” As such,…

Breaking News, What You Need to Know: Indiana Court of Appeals Reverses Trial Court’s Decision Denying Hearing on Grandparent Visitation

On Behalf of Dixon & Moseley, P.C. | Feb 18, 2019 | Appellate Practice, Child Visitation, Grandparents Visitation, Indiana Court of Appeals

Grandparents are an important part of many of their grandkids’ lives. Grandparents tend to help watch us growing up and provide many of us with invaluable life lessons they taught their own children. In many respects in today’s busy world, grandparents often times almost act as second parents. The Indiana Legislature, for this very reason, passed statutes providing grandparents with…

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