The Attorneys at Dixon & Moseley, P.C.
Strong, Trial-Ready Advocates Protecting Your Rights
lSince criminal cases involve the potential loss of freedom, there are trial and appellate provisions for a criminal case to be brought by a filing belated Notice of Appeal. In civil cases, Appellate Rule 9(A), it clearly states that “[u]nless the Notice of appeals is timely filed, the right to appeal shall be forfeited.” Historically, attorneys and Indiana courts have…
Stability and continuity of home life for children after divorce is a strong policy found in Indiana’s custody modification statutes and case law. Specifically, a parent who does not have physical custody can file a petition to modify such custody to him or her. However, the non-custodial parent must demonstrate a substantial change in circumstances and it is in the…
There is an old phrase, “Justice Delayed is Justice Denied.” This is generally viewed in the negative, such as when a defendant has been charged and incarcerated, addressed by the right to demand a speedy trial. Sometimes it takes a defendant or civil litigant a long time otherwise to obtain a trial. In most situations law is inherently slow because…
The Indiana Supreme Court has adopted the Indiana Child Support Guidelines as a tool to assist in determining the correct amount of child support based upon a duty to support a child, using the financial resources of the parties, needs of a child, and the standard of living the child would have enjoyed had the parties remained together. In any…
In all criminal convictions (sentencing) and civil judgments (final orders), the non-prevailing litigant has an automatic right to appeal. Most appeals go to the Indiana Court of Appeals. With a criminal conviction at the time of sentencing, a defendant who believes he has been wrongfully convicted or received an excess sentence should most always appeal. This blog explores the two…
In today’s digital world, complex financial transactions and the ability to sort out fact from fiction is difficult in all arenas. This is especially true in the context of divorce. A neutral investigator may assist the attorney and client in these tasks to ultimately help move the divorce along consistently with the trial objectives and presumptions in property and custody…
The concerns about domestic violence in many Western countries has led to detailed studies and new laws about this often unreported crime. Most states in the United States have specific statutes for criminal domestic battery where there are certain intimate relationships involved. In a recent blog post, the seriousness the United States has placed on this issues was discussed because…
All issues involving child custody and child support have significant social, political, economic and psychological dynamics operating within the legal system and controlling laws. Two key policies that support the law is to maintain the child with a style of living as if the parents were married and meet the child’s best interests. In the very broad area, this blog…
While the implications of the nightclub shooting in Miami and law-making on firearms regulation are unknown, there are four new laws or court decisions every gun owner should know to avoid illegal actions and committing a crime. This blog post covers these changes. At the state level, and first, the General Assembly has modified Indiana’s law that has prohibited individuals…
As a general rule, the final order of Indiana trial courts has the right to appeal. Most are taken to the Indiana Court of Appeals. A few appeals proceed directly to the Indiana Supreme Court. In this blog post, three types of matters that cannot normally be taken up on appeal are discussed as this creates significant confusion for some…