Jeff Cardella
Criminal Appeals Attorney
Indiana State Court & Federal Court

If you are in need of a criminal appellate attorney in Indiana State Court or the Seventh Circuit Court of Appeals, call me at 317-695-7700 for a free consultation. I have been a criminal attorney in Indiana for my entire legal career and have well over a decade of experience and taught criminal law at the IU School of Law.

 

As a criminal lawyer in Indianapolis, I have represented persons accused of a wide variety of crimes, ranging from murder to minor possession of alcohol.  I have experience in all stages of criminal litigation, including jury trials, bench trials, suppression hearings, post-conviction relief proceedings, appellate law and oral argument, expungement and sealing of records under the Indiana Second Chance law, civil forfeiture, constitutional challenges under 42 USC 1983, hardship licenses and specialized driving permits, probation violations, and plea negotiations.

Understanding Criminal Appeals

What is an Appeal? An appeal is a legal process in which a higher court reviews the decision of a lower court. It is not a new trial but an examination of whether legal errors occurred that affected the trial’s outcome. Appeals focus on issues of law, not fact, meaning the appellate court looks at whether the law was applied correctly rather than re-evaluating evidence or testimony.

What Can Be Reviewed in an Appeal?

Appeals can review several aspects of a trial, including:

  • Legal Errors: Mistakes in applying or interpreting the law, such as incorrect jury instructions or improperly admitted evidence.
  • Procedural Errors: Errors in the procedures followed during the trial that may have compromised the fairness of the trial, like a judge’s failure to properly instruct the jury.
  • Insufficient Evidence: Claims that the evidence presented at trial was legally insufficient to support the verdict.
  • Ineffective Assistance of Counsel: Situations where the defendant’s attorney did not provide adequate legal representation, potentially affecting the trial’s outcome.

What Generally Cannot Be Appealed?

Generally, appeals do not re-examine factual determinations made by the trial court, such as:

  • Credibility of Witnesses: The appellate court usually defers to the trial court’s judgment on witness credibility.
  • Weight of the Evidence: Appellate courts do not re-weigh the evidence but review whether legal standards were met.

Indiana Rules of Appellate Procedure

The Indiana Rules of Appellate Procedure outline the processes and timelines for filing and arguing appeals. Key components include:

  • Notice of Appeal: Must be filed within 30 days of the judgment or order being appealed.
  • Preparation of the Record: Includes all documents, transcripts, and evidence from the trial court.
  • Briefing: Both parties submit written briefs outlining their arguments and legal authorities.
  • Oral Argument: May be requested by either party and granted at the court’s discretion.
  • Appellate Court Decision: The appellate court issues a written opinion, which may affirm, reverse, or remand the case.

Indiana Appellate Courts

Indiana has two main appellate courts that handle criminal appeals:

  1. Court of Appeals of Indiana

    • Structure: The Court of Appeals is divided into five districts, with 15 judges serving in panels of three. This court handles the majority of appeals from Indiana trial courts.
    • Function: The Court of Appeals reviews decisions from the trial courts to ensure that legal procedures were properly followed and that the law was correctly applied. It does not conduct new trials or hear new evidence.

  2. Indiana Supreme Court

    • Structure: The highest court in Indiana, consisting of five justices.
    • Jurisdiction: The Indiana Supreme Court has discretionary jurisdiction, meaning it can choose which cases to review. It primarily handles cases involving significant legal questions, constitutional issues, or conflicts in the Court of Appeals’ decisions.
    • Function: The Supreme Court reviews legal errors and interprets state laws and the Indiana Constitution. Its decisions are final and binding on all other Indiana courts.

Seventh Circuit Court of Appeals

Indiana is part of the Seventh Circuit Court of Appeals, which also includes Illinois and Wisconsin. This federal court hears appeals from federal district courts within these states. Key details include:

  • Structure: The Seventh Circuit is based in Chicago and consists of 11 active judges. Cases are typically heard by panels of three judges.
  • Function: The Seventh Circuit reviews decisions from federal district courts, focusing on legal and procedural errors. Like state appellate courts, it does not re-evaluate factual determinations.

The Role of an Appellate Lawyer

An appellate lawyer like Jeff Cardella plays a crucial role in navigating the complexities of the appeals process. Key responsibilities include:

  • Identifying Legal Errors: Thoroughly reviewing the trial record to pinpoint errors that could form the basis for an appeal.
  • Research and Analysis: Conducting comprehensive legal research to support the arguments presented in briefs.
  • Drafting Persuasive Briefs: Crafting well-argued and meticulously researched briefs that present compelling legal arguments.
  • Oral Advocacy: Skillfully presenting oral arguments to appellate judges and effectively responding to their questions.

Federal Appeals Process in Indiana

  1. Notice of Appeal: The first step is to file a notice of appeal with the appropriate court. This must be done within a specific time frame, usually 30 days from the judgment or order being appealed.
  2. Appellate Court: In Indiana, federal appeals are heard by the Seventh Circuit Court of Appeals, which covers the states of Illinois, Indiana, and Wisconsin. The court is based in the Everett M. Dirksen Federal Building in Chicago.
  3. Briefs: Both parties submit written arguments called briefs. The appellant (the party appealing) submits an opening brief, the appellee (the other party) submits a response brief, and the appellant can submit a reply brief.
  4. Oral Arguments: In some cases, the court may schedule oral arguments where each side presents their case and answers questions from the judges. These arguments are usually 20-30 minutes long per side.
  5. Decision: After reviewing the briefs and oral arguments, the panel of judges will issue a decision. They may affirm the lower court’s decision, reverse it, or remand the case back to the lower court for further proceedings.
  6. Further Appeals: If one of the parties is dissatisfied with the Seventh Circuit’s decision, they can petition for a rehearing or appeal to the United States Supreme Court.

Differences Between Indiana and Federal Criminal Appeals

  • Jurisdiction: Indiana state appeals are handled by the Indiana Court of Appeals, while federal appeals are handled by the Seventh Circuit Court of Appeals.
  • Procedure: While both systems involve filing a notice of appeal, submitting briefs, and potentially oral arguments, the specific rules and timelines can differ.
  • Scope: Federal appeals can involve federal laws and constitutional issues, while state appeals typically involve state laws.

If you are in need of a criminal appellate attorney in Indiana State Court or the Seventh Circuit Court of Appeals, call me at 317-695-7700 for a free consultation. I have been a criminal attorney in Indiana for my entire legal career and have well over a decade of experience and taught criminal law at the IU School of Law.