The Attorneys at Dixon & Moseley, P.C.
Strong, Trial-Ready Advocates Protecting Your Rights
What makes our society safe (police) and free (doing what you want) is the delicate balance of power created by the Fourth Amendment to the United States Constitution. For Hoosiers, there is also a balance of power created by Article 1, Section 11 of the Indiana Constitution. A topic not well understood but in the daily news is when the…
In an important case decided today by the Indiana Court of Appeals,1 it carefully delineated for attorneys and litigants when and what are the differences between child support and educational expenses and extraordinary educational expenses. Critically, it drew the line where expenses are not related educational expenses. Generally, divorced parents or those with children born outside of marriage believe their…
There are numerous legal debates about mistakes you can make carrying a handgun for personal protection. For instance, in a metropolitan community and dense urban area, an argument can be made that open carry and certain body movements in conjunction are intimidation or brandishing? Is leaving a carry gun at a restaurant or in a bathroom such that it makes…
On Monday, the Indiana Court of Appeals decided an important case relating to the gun community and criminal defense; it decided and what is deadly force by a “deadly weapon”. In Indiana, the affirmative defense of self-defense may be raised when a person uses deadly force in response to infliction of serious bodily injury from a “deadly weapon”, a forcible…
Across the United States, including in Indiana, social trends and financial pressures are driving lawmakers and courts to reconsider key areas of law that are being tested and challenged each day. Since family and criminal law constitute the majority of cases, you must understand these to be an informed citizen and have awareness as it impacts your life and legal…
Most litigants speak of custody loosely today and take it to mean who has the children, with the other parent getting Indiana Parenting Time Guideline time with the children and paying child support. In other blogs, we have posted materials to differentiate physical custody from legal custody and parenting time. This blog focuses solely on legal custody as more and…
In civil litigation, the trial and any appeals are one-and-done. This means that except for extraordinary circumstances, such as later trying to re-open the case,1 a civil case later brought on the same issues or matter cannot be re-litigated under legal doctrines known as res judicata and/or collateral estoppel.2 This blog post addresses child custody and related matters, such as…
Nationally, and certainly within the state of Indiana, a great deal of public interest has been garnered with the passage of the castle doctrine and its companion doctrine, standing one’s ground, into law. However, every seasoned criminal defense attorney knows this defense is poorly understood across the board. Prosecutors, who serve the public, also understand this—although they often have very…
In divorce and paternity cases, the term “custody” has a number of different meanings. If you are contemplating divorce or in the process, understanding this term is key. If you are divorced or paternity is established, you might think you understand the “custody” terms you agreed to in reaching an agreement or as ordered by the court; but if you…
The hallmark of justice in our society for serious criminal cases is a jury of one’s peers and a fair and impartial judge. No system is perfect. Human perceptions and job focus can sometimes interfere with a criminal case to such an extent a fair trial is not possible. In a new key criminal case on appeal, the Indiana Court…