Indiana Appeals / Appellate Law Questions & Answers

Q: Is there a difference between real and personal property?

1 Answer | Asked in Criminal Law, Traffic Tickets, Appeals / Appellate Law and Civil Litigation for Indiana on
Answered on Oct 14, 2018
Timur Akpinar's answer
A first semester property law class in law school could devote a month to this question. On a very superficial level, real property is land, buildings, and immovable structures. Personal property is property that can be moved. Naturally, there are many subtleties and distinctions when one looks more meaningfully at the concept.

Tim Akpinar

Q: My lease was up July 31 2018. I moved out, landlord sent eviction notice in September after I'd moved. Is this legal?

1 Answer | Asked in Real Estate Law, Appeals / Appellate Law, Collections and Landlord - Tenant for Indiana on
Answered on Sep 25, 2018
Alexander Florian Steciuch's answer
There should be no need for an eviction if you have already moved out. If there is a hearing date, be sure to show up for that. That said though, if you got a notice of motion for dismissal, that means that one side is attempting to dismiss the case. Contact the clerk of the court to find out what is happening with the case and if it has been dismissed.

Q: I’m looking for an affordable criminal appeals attorney in Indiana and wondering who could help that’s affordable?

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Indiana on
Answered on May 29, 2018
Andrew L. Bennett's answer
To find the best lawyer closest to you it would be best if you listed where in Indiana your case is that you would like to appeal.

Q: I am curious about double sentence enhancements.

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Indiana on
Answered on Apr 16, 2018
Andrew L. Bennett's answer
Adding the charge of Maintaining a Common Nuisance is not an enhancement but another charge in of itself. The habitual offender charge is an enhancement of the new felony charge. It is can be technical so to say it was correctly done would require more information. He should consult a local attorney to see if a Post Conviction Remedy can be filed.

Q: My license suspended in 2012, just got re-suspended after I paid, and 6 years later. Is that legal/fair?

1 Answer | Asked in Traffic Tickets, Criminal Law and Appeals / Appellate Law for Indiana on
Answered on Apr 8, 2018
Andrew L. Bennett's answer
You were probably suspended again for failure to file proof of insurance with the tickets you paid or suspended for excessive points. You should consult with an attorney to see what can be done, there are possibilities of either setting aside some of the judgments or getting a specialized driving privilege.

Q: Is there certain times of the day or week that you can file an appeal ?

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Indiana on
Answered on Dec 14, 2017
Erik Carter's answer
A Notice of Appeal must be filed within 30 days of a final appealable order. If the 30th day falls on a weekend or day that the Clerk of the Court of Appeals is closed, it rolls over to the next open business day. The Notice of Appeal must be accompanied by the filing fee or a request to waive the fee. The Court of Appeals has on rare occasions permitted a Notice to be filed after the 30 days have passed but that is on a case-by-case basis and is extremely fact-specific (in other words, not...

Q: I need help with filing my appeal for my disability with my social security redetermination.

1 Answer | Asked in Personal Injury, Appeals / Appellate Law, Legal Malpractice and Social Security for Indiana on
Answered on Oct 24, 2017
Chase T Wilson's answer
Call the Indiana BAR Association at (317) 639-5465. They'll be able to refer you to someone who handles SSI Claims.

Q: Was found guilty of driving while suspended as a Class A misdemeanor. Law states driving is knowing driving while

1 Answer | Asked in Criminal Law, Traffic Tickets, Appeals / Appellate Law and Civil Rights for Indiana on
Answered on Oct 19, 2017
Andrew L. Bennett's answer
You should contact a local attorney very soon as appeals are time sensitive on filing a notice of appeal. An expungement of the conviction is possible, but there is also a time frame before you can petition the court. If you miss your deadline then you would be barred from going forward on the appeal so you need to speak with an attorney quickly so your specific facts and circumstances can be discussed before the deadline passes.

Q: I need to file a waiver for my reinstatement fees but I don't know where to get the form from or how.

1 Answer | Asked in Traffic Tickets, Appeals / Appellate Law, Civil Rights and Gov & Administrative Law for Indiana on
Answered on Sep 27, 2017
Andrew L. Bennett's answer
Go to in.gov and you will find a link that will give you the affidavit for indigence and documents for the petition as well as instructions to file. If you do not have a computer, I'm sure you local library has a computer you can use.

Q: Can they arrest a 16 year old on three felonies without for sure knowing if she's guilty or not

2 Answers | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Juvenile Law for Indiana on
Answered on Aug 16, 2017
William Head's answer
To arrest, only probable cause to believe a crime was committed is sufficient. This is not even 50-50, but can be less than 50% likely. So, yes.

She needs to remain silent. Get a great criminal defense lawyer.

Q: Relocating out of state with daughter. If dad appeals, will it drag out the process if I need to move by a certain day?

1 Answer | Asked in Appeals / Appellate Law and Family Law for Indiana on
Answered on Mar 30, 2017
Erik Carter's answer
This is not an appellate question, it is a custody/relocation question. Indiana Code 31-17-2.2-1 et seq. covers the notice requirements for a relocating parent and the options available to the non-relocating parent.

Q: Can anyone give me some reference cases to any Overturned Convictions won through a Post Conviction Relief, on class A

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Indiana on
Answered on Mar 24, 2017
Paul Stanko's answer
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, so the type of charge is rarely important. What do you believe prejudiced the defendant at trial?

Q: what are the main reasons to file and win a PCR in Indiana

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Indiana on
Answered on Mar 7, 2017
Paul Stanko's answer
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.

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

1 Answer | Asked in Family Law, Appeals / Appellate Law and Constitutional Law for Indiana on
Answered on Oct 4, 2016
Paul Stanko's answer
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.

Q: In an appellate brief, is there any case law disallowing citation or reference to the order being appealed?

1 Answer | Asked in Appeals / Appellate Law for Indiana on
Answered on Sep 17, 2016
Paul Stanko's answer
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.

Q: If I don't respond to an appeal of a magistrates decision what happens

1 Answer | Asked in Appeals / Appellate Law for Indiana on
Answered on Sep 17, 2016
Paul Stanko's answer
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.

Q: If a conviction is overturned is that person supposed to bevfree

1 Answer | Asked in Appeals / Appellate Law for Indiana on
Answered on Oct 22, 2015
Robert Jason De Groot's answer
Perhaps. We would have to read the decision.

Q: can the AR cross examine instead of the assessee?

1 Answer | Asked in Appeals / Appellate Law for Indiana on
Answered on Oct 18, 2015
Robert Jason De Groot's answer
What is the AR? who is the assessee? What kind of case is this? Not enough facts are given here.

Q: Can probation be modified down from 17yrs to less of a sentence after let's say 5yrs of good behavior and other stuff?

1 Answer | Asked in Appeals / Appellate Law for Indiana on
Answered on Sep 1, 2015
Robert Jason De Groot's answer
Here is a link that might be helpful: http://www.getoffprobation.com/terminate-indiana-probation

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