Reference cases needed for Class A, Felony child Molestation that were overturned on Post Conviction Relief. For the State of Indiana
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 »
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.
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 »
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.
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?
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.
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 »
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.
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 »
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.
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.
#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
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
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
