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Indiana Appeals / Appellate Law Questions & Answers
0 Answers | Asked in Family Law, Adoption, Appeals / Appellate Law and Child Custody for Indiana on
Q: DCs has filed fasle information n two cases n one of the foster mom's is good friends with caseanager n my daughter w

Which are her kids is slow n the foster mom knows this n manipulated and bullied my daughter and I'm trying to get the kids back they didn't even ask me to get the kids one's already been adopted out and I need to and then there's another one in DCS that's just born that... View More

0 Answers | Asked in Criminal Law, Admiralty / Maritime and Appeals / Appellate Law for Indiana on
Q: If an HO affidavit is dismissed in cause can same cause then have HO sentence added at sentencing?

HO affidavit was dismissed early in case yet offender was then sentenced to an additional 6 yrs on HO status. Not understanding how or why. I've included cause #54C01-2306-F2-001836 as I specifically don't understand how such an oversight was made.

1 Answer | Asked in Appeals / Appellate Law, Civil Rights and Landlord - Tenant for Indiana on
Q: Is an appeal the right way to go? And if so, what should I base the brief on?

Missed hearing- court clerk gave invalid proceduresfor covid when i called and asked what their courts protocol was(like indybar and depthealth websites state/had representation that I never received counsel from. I had evidence of breach from landlord within 30 days, retaliation claim. And... View More

James L. Arrasmith
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answered on Jan 2, 2024

Filing an appeal can be a valid course of action if you believe that legal errors affected the outcome of your case. In your situation, where there were procedural issues like being given incorrect information by the court clerk and challenges with your representation, these could form the basis of... View More

1 Answer | Asked in Appeals / Appellate Law, Constitutional Law and Federal Crimes for Indiana on
Q: i was recently released to federal probation to federal parole on attempted hobbs act robbery and 924c tayler vs unite

getrid of unconstitutional convictions while on federal probation

James L. Arrasmith
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answered on Nov 5, 2023

If you believe your convictions were unconstitutional and you're currently on federal probation, you should consider seeking legal counsel to review your case. An attorney can evaluate the specifics of your situation and advise whether there are grounds for an appeal or a motion to vacate your... View More

1 Answer | Asked in Appeals / Appellate Law and Probate for Indiana on
Q: How do I file an appeal in probate court that has totally been mishandled asap
Anthony M. Avery
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answered on Aug 21, 2023

Hire an IN attorney now to look at the Probate File. If required filings were not made, then the fiduciary might be removed with an accounting required. Possible claim on the Bond. If closed, the Estate might need to be reopened.

1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Health Care Law and Medical Malpractice for Indiana on
Q: I am being court ordered to remain under psychiatric care under false pretenses. Is this legal? Can I fight it?

A psychiatrist I haven't seen in 3 years filed a motion to continue treatment, under false claims that I'm a danger to myself and others, and don't have what I need to eat, that I have no clothing or shelter. All of this is substantially false. If I don't appear as directed, I... View More

Joel Gary Selik
Joel Gary Selik
answered on Aug 11, 2023

Yes you can fight it with proper legal action to show why they are wrong.

Consult with experienced attorneys in the state where this occurred.

1 Answer | Asked in Criminal Law, Traffic Tickets and Appeals / Appellate Law for Indiana on
Q: What's the possible outcome of me getting pulled over again?

Have class A misdemeanor for driving while suspended. Got pulled over again for no brake light. Drove because friend was sick & needed help to translate to English. I didn't get arrested. I got a ticket for court after made to exit vehicle. I was put on good behavior for the other one I... View More

Aaron J. Harshman
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Aaron J. Harshman
answered on May 8, 2023

Driving offenses can stack up quickly if one is not careful. Generally speaking, the progression moves from multiple driving while suspended as an infraction, to multiple driving while suspended as a misdemeanor, then being declared a Habitual Traffic Violator as a felony offense. Do whatever you... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Appeals / Appellate Law for Indiana on
Q: Indiana on the affidavit for arrest if the police say they advised us of our Miranda rights , but never did.

On top of saying I made a statement and never did. With no bodycams on a knock & announce search warrant. What are my options

James A Hanson
James A Hanson
answered on Jan 30, 2023

Whether or not you were read your Miranda rights is a question of fact that your attorney needs to review during discovery in your case. Likewise, whether or not you made a statement is a question of fact that should be explored.

The vast majority of warrants are "knock and...
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1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Civil Rights for Indiana on
Q: What can I do if the judge and refused to let my husband show innocence and refused to let him speak at all in court

My husband was charged with a crime and the judge and prosecutor refused to let him show any proof of innocence at all and never once let him speak in court?? He got sentenced to 5 years and he has all the proof including a polygraph test given to him by a private investigator and 11 witness... View More

James A Hanson
James A Hanson
answered on Jan 30, 2023

Unfortunately, at this point there is a judgment of conviction and the time to appeal has passed.

There is clearly a lot to this situation that you did not and should not share on this public forum. You need to discuss the possibility of Post-Conviction Relief with a new attorney to see if...
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1 Answer | Asked in Family Law and Appeals / Appellate Law for Indiana on
Q: If the tpr has filed and they took my parental rights and I've filed the appeals in supreme court.howdoufile us supreme

And they never ask family or a friend if they could take adoption or gaurdingship how do file for this

John Michael Frick
John Michael Frick
answered on Jan 4, 2023

U.S. Supreme Court practice is among the most unique and highly specialized areas of law. Because the U.S. Supreme Court has discretionary jurisdiction, it chooses what cases it gets to hear and decide. In any given year, the court hears 50-60 of the 7,000-8,000 cases filed. So the vast... View More

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Indiana on
Q: Can a person be a witness in a trial if they have already made 2 or 3 statements & they are all different? Not Credible?

If witnesses in a trial have all given multiple statements that are all different from each other and from their own previous statements then should they be allowed to be witnesses or testify in court?

Joel D. Hand
Joel D. Hand
answered on Dec 9, 2022

Yes, the witness can testify. Credibility of witnesses is always an issue for the finder of fact. In a jury trial, the finder of fact is the jury. In a bench trial, the finder of fact is the judge. Credibility of a witness can be attacked by prior inconsistent statements. That seems to be the... View More

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Indiana on
Q: if a sentence is vacated by the Supreme court and mandated to be expedited back to the circuit court and the circuit co

the circuit court is ignoring the ruling. this was done on May 4 2021. so that the defendant could possibly get some relief from the prison sentence. The states attorney was called and asked why they were not getting the defendant back in court for this ruling, he said it's the... View More

Charles William Michaels
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Charles William Michaels
answered on Jul 20, 2022

First, I am not an Indiana lawyer. But I suggest sending a letter or posting a pleading for the trial court, to get things moving.

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Indiana on
Q: What's does transmitted for transfer (supreme court) mean
Michael Ray Smith
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Michael Ray Smith
answered on Feb 6, 2022

I'm not sure what "transmitted for transfer" means, but the process after the Indiana Court of Appeals renders a decision is that a party who doesn't like the Court of Appeals decision can file a petition to transfer the case to the Indiana Supreme Court. The party asking for... View More

2 Answers | Asked in Traffic Tickets, Appeals / Appellate Law and Car Accidents for Indiana on
Q: is hitting a dog reason for license suspension in Indiana?, I found out I was suspended for an accident i wasn't in

was suspended for an accident involving a dog I wasn't involved in or even knew of...i got 8 kids, i cant afford this , what do i do now pro se?

Charles Candiano
Charles Candiano
answered on Feb 7, 2021

In law, a dog is a chattel (an animal that constitutes property). If you leave the scene of an accident involving property damage and fail to contact either the owner of the property or law enforcement in Indiana, you commit Class B Misdemeanor which is punishable by a fine of $1,000 and/or... View More

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1 Answer | Asked in Appeals / Appellate Law for Indiana on
Q: WHO CAN ASSIST ME WITH A CASE THAT WAS ALREADY APPEALED IN THE US COURT COURT OF APPEALS
Tim Akpinar
Tim Akpinar
answered on Jan 5, 2021

I'm sorry your question remains open for five weeks. Not every post is picked up, but at this point, you could try the Find-a-Lawyer tab above for attorneys in the Indianapolis region. Good luck

Tim Akpinar

1 Answer | Asked in Appeals / Appellate Law for Indiana on
Q: Is a memorandum decision in Indiana court of appeal the same as an opinion?
Charles William Michaels
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Charles William Michaels
answered on Nov 16, 2020

First, I am not an Indiana lawyer. That being said, I think the answer to your question is "yes."

1 Answer | Asked in Appeals / Appellate Law for Indiana on
Q: Who files a post conviction relief after an appeal is part affirmed, part reversed and remanded?

A friend of mine in prison in Indiana has an appeal that was part affirmed and part reversed and remanded. Who files for post conviction relief now? Him or an attorney?

Charles William Michaels
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Charles William Michaels
answered on Nov 16, 2020

First, I am not an Indiana lawyer. But the fact that the appellate decision is in part to reverse and remand the case, I think there is a task that the trial court must do, before a post-conviction appeal is filed--only after the original appeal has been concluded should a post-conviction appeal be... View More

1 Answer | Asked in Appeals / Appellate Law for Indiana on
Q: I was just wondering what happens next after the appellate court receives an appeal order
Charles William Michaels
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Charles William Michaels
answered on Jun 29, 2020

The appellate court usually then issues a schedule of briefing deadlines. But please check your appellate rules for the correct briefing schedule. If you get a briefing schedule, be sure to follow it. If you are the appellant, serious consequences can result if your brief is not filed on or before... View More

2 Answers | Asked in Criminal Law and Appeals / Appellate Law for Indiana on
Q: The fayette county prosecutor isnt doing what she said&now refuses the plea deal that SHE made. I have PROOF in a record

Ing my husband made,thank God! What should i do? PLEASE HELP ME

Andrew L. Bennett
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Andrew L. Bennett
answered on Nov 5, 2019

Have you spoken with a local attorney to represent you? You may want to bring it up to the judge, but the prosecutor can withdraw a plea offer.

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1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Indiana on
Q: is an incarcerated person who is in the appellate process entitled to an attorney if he cannot afford one - what form

should he file with the court to ask for representation. Inmate at Pendleton.

Andrew L. Bennett
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Andrew L. Bennett
answered on Sep 5, 2019

Yes he is entitled to have appellate public defender and should ask for one ASAP

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