The Attorneys at Dixon & Moseley, P.C.
Strong, Trial-Ready Advocates Protecting Your Rights
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,…
The sometimes-bitter litigation between a child’s adoptive parent and her grandparents who raised her from a young age yielded a decision from the state’s highest court that family law experts believe may represent a significant shift in adoption cases…read more on Indiana Lawyer.
A recent Supreme Court of the United States case addressed the issue of whether a search warrant is needed in order to search the contents of a person’s cell phone1. In this digital age of a cell phone acting as a lifeline to users (calendar, alarm clock, video/song player, financial planner, etc.), a device no bigger than a deck of…
Since jail time, whatever the reason, infringes on a deeply protected right to freedom, most states, and the federal government, takes jail as punishment for a crime seriously. Jail for civil contempt reasons is far less common, and cannot be used to “punish,” but rather to incite action to comply with court orders. One of the main tenants of the…
In drafting appeals, the appellate attorney will request, receive, and review a typed transcript of and exhibits admitted at the hearing of which the Order is being appealed. This allows the appellate attorney, who may or may not have been the trial attorney, to review the record, gather information, and quote the hearing transcript as argument in the appellate briefs.…
Appellate practice is much different than trial practice. There are many differences between trial courts and how to present cases in the trial court, and appeals. First, trial courts are the first court (unless you have an administrative issue, which goes to the administrative agency first) to hear a case. There are many rules and practices to presenting evidence and…
In prior blog posts we have discussed the two types of opinions issued by the Indiana Court of Appeals, “for publication” and “not for publication.” Generally opinions issued “not for publication” or “NFP” are applicable to only the specific case at hand. Only the opinions that meet certain criteria are issued “for publication”, as follows: If the case: establishes, modifies,…
When a matter is ripe for appeal, there first must be a determination of which Court has jurisdiction. In many cases, the Court of Appeals has jurisdiction, and the briefs, appendix, and related filings will be reviewed by the Court of Appeals. This is generally true for final orders. In some cases, however, the jurisdiction goes straight to the Indiana…
The appellate process can often seem elusive and might be considered by some to be “behind closed doors” because often, the appellate parties rarely appear before the Court of Appeals, and receive only a written opinion following their written briefs submitted to the higher appellate courts. The appeals court process in different from the trial court process in several ways.…
Without question, technology is progressing each day and infiltrating uncharted territory in almost every field and area of life. The reach of technology is expanding within the traditional field of law, allowing attorneys and Courts to communicate more quickly and efficiently. For example, many Courts allow filings to be faxed to the Court, without requiring a hard copy. This can…