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Indiana Appeals / Appellate Law Questions & Answers
1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Indiana on
Q: Can anyone give me some reference cases to any Overturned Convictions won through a Post Conviction Relief, on class A

Reference cases needed for Class A, Felony child Molestation that were overturned on Post Conviction Relief. For the State of Indiana

Paul Stanko
PREMIUM
Paul Stanko
answered on Mar 24, 2017

Post-conviction relief rarely turns on the specific charge. Rather than looking for cases overturning child molesting convictions, you would be better off looking for cases granting post-conviction relief based on errors in the proceedings. Courts will not reweigh the evidence presented at trial,... Read more »

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Indiana on
Q: what are the main reasons to file and win a PCR in Indiana
Paul Stanko
PREMIUM
Paul Stanko
answered on Mar 7, 2017

Your question is too general to answer. PCR can be applied to numerous errors not raised on direct appeal and not waived. Winning depends on the facts and law applicable to each case.

1 Answer | Asked in Family Law, Appeals / Appellate Law and Constitutional Law for Indiana on
Q: I am married and have been for 12 1/2 years. I got pregnant by a man who came to the US illegally. We got a house togeth

He was abusive and left when i was 6 1/2 months pregnant and on bed rest. The rent was due and no food in the house. I had my son 5 weeks early. I tried to contact him. My son stayed hospitalized for 3 weeks. I tried to contact him. His sister told me it wasnt his problem that he moved back to... Read more »

Paul Stanko
PREMIUM
Paul Stanko
answered on Oct 4, 2016

I don't understand why an illegal would seek paternity. Contact a family lawyer and fight it. Your husband is presumed to be the father because you had your child during your marriage.

1 Answer | Asked in Appeals / Appellate Law for Indiana on
Q: If I don't respond to an appeal of a magistrates decision what happens

I won my case at the magistrate's level and the losing party appealed the judges decision. What happens if I don't respond to the appeal?

Paul Stanko
PREMIUM
Paul Stanko
answered on Sep 17, 2016

If you fail to respond to an appellate brief, then the factual allegations in that brief are uncontested, and the court will proceed to decide the appeal on the merits. You could still win, but you have given up your right to contest the appellant's arguments.

1 Answer | Asked in Appeals / Appellate Law for Indiana on
Q: In an appellate brief, is there any case law disallowing citation or reference to the order being appealed?

The Judge in this case provided a summary of his reasoning for ruling as he did. He explains in detail why he made the decision. This is in a Corrected Findings of Fact, Conclusions of Law and Decree of Dissolution. We want to reference what the Judge stated in our Appellee brief. I have never... Read more »

Paul Stanko
PREMIUM
Paul Stanko
answered on Sep 17, 2016

The order from which the appeal is being taken must be in the record. You must cite to the record in your brief. Are you attempting to do an appeal pro se? The appellate rules are strict and complicated. You need experienced appellate counsel.

1 Answer | Asked in Appeals / Appellate Law for Indiana on
Q: Can probation be modified down from 17yrs to less of a sentence after let's say 5yrs of good behavior and other stuff?

After being released from prison only severing 1 year of a 14 year doc sentence and 6 years probation, my sentenced was modified to 1 year served, 1 year house arrest, and 17 years probation. Since being released I have paid all my fees, did all my community service, maintained good behavior, clean... Read more »

Robert Jason De Groot
Robert Jason De Groot
answered on Sep 1, 2015

Here is a link that might be helpful: http://www.getoffprobation.com/terminate-indiana-probation

Consider doing an internet search the next time you have a legal question.

1 Answer | Asked in Appeals / Appellate Law for Indiana on
Q: can the AR cross examine instead of the assessee?
Robert Jason De Groot
Robert Jason De Groot
answered on Oct 18, 2015

What is the AR? who is the assessee? What kind of case is this? Not enough facts are given here.

1 Answer | Asked in Appeals / Appellate Law for Indiana on
Q: If a conviction is overturned is that person supposed to bevfree
Robert Jason De Groot
Robert Jason De Groot
answered on Oct 22, 2015

Perhaps. We would have to read the decision.

1 Answer | Asked in Appeals / Appellate Law for Indiana on
Q: I applied for and was denied a recovery agent license due to answering a question wrong

#2 on application I understood as employment discipline and answered no... My preliminary review hearing (appeal)order states that will be the issue talked about. Will I have to explain all my past mistameanor convictions even though the 5 year requirement has past

Robert Jason De Groot
Robert Jason De Groot
answered on Nov 11, 2015

I do not understand this question.

1 Answer | Asked in Appeals / Appellate Law for Indiana on
Q: What does Respondent mean?
Paul Overhauser
Paul Overhauser
answered on Jan 11, 2011

A "respondent" is a party to a lawsuit that is expected to respond to a filing, usually a petition. The person filing the petition is called the "petitioner." A petitioner is similar to a plaintiff, and a respondent is similar to a defendant.

Paul Overhauser

317 891-1500

www.overhauser.com

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