Obtaining Results Through State And Federal Appeals
You must file a criminal appeal if the trial court fails to get Indiana or federal law correct at a pretrial suppression hearing or at trial. Identifying and successfully arguing these legal issues, is not easy and requires experience. For example, successfully challenging a legal mistake in a felony sexual battery conviction could reduce it to a misdemeanor, a result which Kathleen recently obtained. That makes a difference.
Hayes Ruemmele LLC, has handled appeals in front of the Indiana Court of Appeals, Indiana Supreme Court and the U.S. Court of Appeals for the 7th Circuit and the Federal Circuit.
Appellate Case Examples
Our attorneys have been involved in some significant appeals of state crimes. In one case, the Indiana Supreme Court found a portion of the Indiana sexual offender registry law unconstitutional. Following the decision, an overbroad registry requirement was lifted from the shoulders of many in our community.
We were part of a team that overturned on appeal a rule of evidence used in Indiana in sex crime cases that for over100 years had denied a fair trial to the accused.
We have vacated on appeal convictions that violated double jeopardy and that were not proven beyond a reasonable doubt
We have been part of a post-conviction team that worked to vacate the death penalty imposed in that case against the client
We vacated on appeal a contempt finding of a trial court that was not supported by proper procedure and not substantiated by sufficient evidence.
We established on appeal the right to counsel in CHINS cases for those parents who are indigent
We reversed on appeal the trial court’s refusal to allow a hearing on post-conviction relief for a client who had not present for his own trial.
We reversed the trial court’s refusal on post-conviction relief to consider evidence of whether the habitual offender determination was supported by sufficient evidence.
We established on appeal the right on post-conviction relief to compulsory process, reversing the trial court’s decision denying post-conviction relief because the clerk failed to deliver the client’s subpoenas to his witnesses
We established on appeal that as a condition of probation a person cannot be forced to waive an objection to the admissibility of results of polygraph exams administered during probation
We established on appeal that in a case involving an alibi, the trial court erred to allow the Prosecutor to amend the charge and change the date of the alleged offense during the trial.
In another case, the Indiana Court of Appeals held that diversion programs improperly excluded the poor. As a result, community service is now allowed in lieu of a fine to remove a charge from a criminal record.
We also successfully challenged jury instructions that improperly highlighted one piece of evidence over others. These instructions had been in place for 30 years, but were found to be unconstitutional.
Whether you were convicted of a state or federal crime, we can review your case and handle any necessary appeals on your behalf.
Call Us To Discuss Your Case
Do you have concerns about state or federal charges and how your case was handled? Complete our online form or call our Indianapolis office at (317) 491-1050 to schedule a free initial consult to speak about your case with our team of skilled lawyers.