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Dixon & Moseley | Attorneys At Law
  • Home
  • About
    • Julie C. Dixon
    • Alexander Moseley
    • Matthew McConnell
    • Adrian DeNeen
  • Practice Areas
    • Family Law
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  3. Category: "Appellate Practice" (Page 9)

Appellate Practice

Should I Appeal My Divorce If I Lose?

On Behalf of Dixon & Moseley, P.C. | Jan 15, 2019 | Appellate Practice, Child Custody, Civil Appeal, Division of Assets, Divorce, Hidden Assets in Divorce, Indiana Court of Appeals, Property Division, Property Valuation

Probably. Divorce is unique in civil suits because the parties likely will continue to know each other (particularly) if they have children and interact into the future. With a divorce if you lose custody, child support is wrong, or the property is not properly divided or completely divided, you need to appeal to protect your future rights. This blog explores…

Indiana Court of Appeals Affirms Denial of Motion to Suppress Evidence in OWI Case

On Behalf of Dixon & Moseley, P.C. | Nov 27, 2018 | Appellate Practice, Criminal Law, Indiana Court of Appeals, Operating While Intoxicated

“You have the right to remain silent” is a phrase most have heard, whether it be from a television show or personal experience. This phrase is from what is known as (a part of the) Miranda rights. Miranda rights are a centerpiece of the American legal system and arise out of the United States Constitution’s Fifth Amendment right against self-incrimination.…

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…

Four Appellate “Anomalies” That May Start Your “Clock” Running for Taking A Civil Appeal You Must Know to Avoid Forfeiting Your Right to Appeal

On Behalf of Dixon & Moseley, P.C. | Nov 7, 2018 | Appellate Practice, Civil Appeal, Indiana Court of Appeals

The Rules of Appellate Procedure are intended to be very specific, time-sensitive, and speedy for justice and make the Indiana Court of Appeals one of the most efficient in the Country. The average appeal follows certain precise Appellate Rules that typically do not fluctuate in terms of when you are required to initiate your appeal – thirty (30) days after…

Breaking News: Indiana Court of Appeals Determines Marijuana Grinder Not Paraphernalia Under Statute

On Behalf of Dixon & Moseley, P.C. | Nov 6, 2018 | Appellate Practice, Criminal Appeals, Drug Possession, Indiana Court of Appeals

“Paraphernalia” is a strange word, but one that most of us have heard at some point in our lives. But what exactly does it mean? And what are the legal consequences involved if it is criminal contraband? The term paraphernalia is used in many contexts and has varying legal consequences depending on circumstances, such as, whether you are in possession…

Breaking News: Passenger’s Choice of Words Claiming, “I Didn’t Know” Can Be Used to Convict for Drug Possession!

On Behalf of Dixon & Moseley, P.C. | Oct 24, 2018 | Appellate Practice, Criminal Law, Drug Possession, Indiana Court of Appeals

Under Indiana law, you can be convicted of possession of illegal drugs (or other contraband such as a gun) found during the search of a passenger vehicle, even if you are merely the passenger. This concept is called constructive possession and is used to charge and convict both drivers and/or passengers when there is no way for the State to…

Breaking News: Indiana Supreme Court Adopts “Attenuation Doctrine” Into Indiana’s Constitutional Law

On Behalf of Dixon & Moseley, P.C. | Oct 11, 2018 | Appellate Practice, Criminal Law, Supreme Court

One key aspect of the American legal system is the prohibition against warrantless searches of your home. As you may know, police officers cannot search your home without first obtaining a search warrant. This embodies the English common law notion and societal view that your home is a special place—your castle—and should only be subject to search under a high…

Appealing A Divorce Decision: The Seven Key Documents You Need for Appellate Counsel

On Behalf of Dixon & Moseley, P.C. | Aug 29, 2018 | Appellate Practice, Child Custody, Civil Appeal, Division of Assets, Divorce, Indiana Court of Appeals, Property Division

The divorce decision was handed down and it is now final. The property has been divided. The costs have been allocated, and attorney’s fees may have been awarded. If you have children, then custody, parenting time, and child support also have finally been decided. What are your rights if you disagree with the decision?  You are not happy with the…

If I Lose My Custody Position at Trial, Should I Appeal or Move to Modify Custody?

On Behalf of Dixon & Moseley, P.C. | Aug 2, 2018 | Appellate Practice, Child Custody, Civil Appeal, Custody Modification, Indiana Court of Appeals

In paternity (children born out of wedlock) and divorce cases, the initial determination is gender neutral and made without any preference for either parent; the court decides physical custody considering any relevant factor to what is in the child’s best interests. For parents who present a strong factual and legal case and do not prevail, many consider appealing the decision…

When Can I Appeal an Order of The Court?

On Behalf of Dixon & Moseley, P.C. | Jul 17, 2018 | Appellate Practice, Civil Appeal, Indiana Court of Appeals, Supreme Court

Every year, Indiana trial courts issue hundreds of thousands of orders or render decisions in criminal bench trials or have verdicts in criminal or the small percentage of civil jury trials. Most all order are interlocutory in nature and normally not appealable orders.1 However, with final orders—an order that decides all issues—or jury verdicts there is the right to appeal…

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