The Attorneys at Dixon & Moseley, P.C.
Strong, Trial-Ready Advocates Protecting Your Rights
In Indiana, there are four key steps to take in appealing a decision of an Indiana judge or jury verdict. The first is to determine if there is a final order. In most civil trials, the appealable order is the final order disposing of all of the issues. In criminal cases, this is the date of the sentencing. The rules…
The “argument” section of an appellant’s brief is the life-blood of every appeal. This blog explores some of the key aspects of sound argument drafting. Taking the complex facts of life and applying the law is a daily challenge for lawyers. However, this task becomes more difficult when it involves an appeal and controlling standard of review. The standard of…
As noted in prior blogs posts, most cases the Indiana Supreme Court take are those granted by a Petition to Transfer. This is a request the Court hears, which it decides whether to take. Typically, the five justices vote whether to take a case (although the number may be less if one is absent). A majority of three votes to…
It is sometimes heard in the context of litigants that he or she will go all the way and take the case to the Supreme Court. As a general rule, most appeals go to the Indiana Court of Appeals. Few cases go straight to the Indiana Supreme Court; it decides which cases to take. There are four cases that have…
As a general component of human nature, almost every litigant who has lost a case in a trial court believes the trial court incorrectly decided the matter. No one wants to be “wrong,” but Indiana’s trial court are charged with being open to litigants to freely administer justice and decide cases. Every case has an appeal of right to the…
A question litigants often have when they receive an unfavorable trial court order is whether they can appeal or challenge it. Within a trial court, a Motion to Reconsider or Motion to Correct Errors may remedy the situation. However, if that is not the case depending on a number of factual and legal variables, you may want to consider an…
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,…
In Indiana, there are levels of crimes from misdemeanors to felonies. Indiana recently updated its criminal code to include numbered levels for crimes versus the previous letters (ex. A felony). Misdemeanors, felonies and the different levels are divided by the severity of the crimes. For example, dealing in cocaine or narcotic drug can be charged as a Level 5 felony…
Generally, in civil and criminal cases, you can appeal a final order of the court within thirty (30) days by filing a notice of appeal with the court of appeals, and filing proper service upon certain persons. The Notice of Appeal starts the appellate process. In criminal cases, you can appeal generally two (2) things, the conviction itself, or the…
In Indiana, all crimes are statutory. Indiana’s criminal statutes are codified in Title 35 of the Indiana Code, titled “Criminal Law and procedure.” Conduct by a person, however reprehensible, is not a crime, and punishable, unless the Indiana Legislature has exercised its authority to define it as a crime. Because crimes are punishable by a loss of constitutionally protected freedom…