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Losing at trial doesn’t always mean the case is over. If the trial court made a legal error, misapplied the law, or reached a decision the evidence doesn’t support, Indiana law gives you the right to ask a higher court to review that decision. Appeals are a different kind of legal work than trial practice, focused on the written record, legal argument, and persuasive briefing rather than witnesses and juries, and they call for an attorney who can spot the issues most likely to succeed and present them clearly to a panel of appellate judges.
In Indiana, most appeals go first to the Indiana Court of Appeals, which is made up of fifteen judges who hear cases in rotating three judge panels with statewide jurisdiction, rather than as a single trial judge deciding alone. A Notice of Appeal generally must be filed within 30 days of the trial court’s final judgment being entered on the Chronological Case Summary, and missing that deadline generally forfeits the right to appeal altogether, so early legal advice matters even before a full record has been prepared. If a party is dissatisfied with the Court of Appeals’ decision, Indiana allows a further, discretionary request to the Indiana Supreme Court through a petition to transfer, though the Supreme Court isn’t required to accept every case and generally reserves review for issues involving conflicting decisions, unsettled questions of law, or matters of significant public importance.
Appeals cover both civil and criminal matters, and the process, standards, and strategy differ meaningfully between the two. A civil appeal might challenge a business litigation judgment, a personal injury verdict, a family law ruling, or a contract dispute, while a criminal appeal challenges a conviction or sentence, or, after a direct appeal concludes, may proceed as a request for post-conviction relief addressing issues like ineffective assistance of counsel. We’ve built dedicated pages for each, since the deadlines, arguments, and preparation look different depending on which kind of case you’re appealing.
An appellate court generally doesn’t retry the case or hear new evidence. Instead, the court reviews the existing trial record, including transcripts, exhibits, and the trial court’s rulings, to decide whether a legal error occurred. Some issues, like whether the trial court correctly interpreted a statute, are reviewed de novo, meaning the appellate court considers the question fresh without deferring to the trial court’s conclusion. Other issues, like factual findings or discretionary rulings, are reviewed under a more deferential standard, meaning the appellate court will generally uphold the trial court’s decision unless it was clearly against the evidence or a clear abuse of discretion. Understanding which standard applies to your issue is often the first step in evaluating whether an appeal is worth pursuing.
Appellate work rewards attorneys who have actually stood before the Indiana Court of Appeals and the Indiana Supreme Court and argued a case, not just attorneys who are comfortable in a trial courtroom. Will Riley and Russell Cate lead our appellate team. Russell Cate is recognized as a Super Lawyer and has appellate litigation experience alongside Will Riley before both the Indiana Court of Appeals and the Indiana Supreme Court, giving our clients real appellate depth alongside decades of trial experience. Will Riley’s Super Lawyers, Top 100 Trial Lawyers, and AV Preeminent recognition reflects the same trial-tested credibility that carries weight when a case moves from the trial court to an appellate panel.
Will and Russell personally oversee every appeal we take on, staffing it with the attorneys, associates, and staff the matter calls for based on its size and complexity, so your case gets the careful, detail-oriented review that appellate briefing demands.
Nobody plans to need a lawyer. When something goes wrong, what you need first is someone who will listen, tell you honestly where you stand, and take the next steps off your plate. That is how every case at RileyCate, LLC begins.
We represent individuals, families, and small businesses across Fishers, Indianapolis, and surrounding counties in personal injury and complex litigation, business and real estate disputes, criminal defense, and appeals.
Will Riley and Russell Cate personally oversee every matter, staffing each case to its size and complexity. Both are recognized as Super Lawyers and have argued before the Indiana Court of Appeals and Supreme Court. Will also holds an AV Preeminent rating from Martindale-Hubbell and a Top 100 Trial Lawyer designation.
We are trial-tested, not just settlement-focused. We have tried hundreds of cases, because insurance companies, opposing businesses, and prosecutors negotiate differently with a firm willing to go the distance.
If you’re considering an appeal or believe a trial court got something wrong, time is critical, since Indiana’s appellate deadlines are short and generally can’t be extended once they pass. We offer a consultation to review your case, your trial court record, and whether an appeal makes sense for your situation. Reach out to RileyCate today to speak with an appeals attorney.
