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Appeals on Wheels

While appeals and appellate litigation often take months or even years, the Ninth Circuit Court of Appeals recently issued a ruling addressing President Trump’s travel ban mere days after a federal district court in he State of Washington issued a preliminary injunction banning that travel ban. 

While certainly not typical, the speed at which the courts operated is not unprecedented.  In Indiana, a lawsuit was filed in 2006 challenging Governor Mitch Daniels “Major Moves” transportation initiates.  The lawsuit challenged the privatization of the toll road. 

Following a trial court ruling in May of 2006, the case bypassed the Court of Appeals when the Supreme Court granted a request and accepted the case.  The Supreme Court then set an expedited schedule where it heard oral argument and issued a decision within a matter of days. 

In the major moves case, the Court used its authority under Rule 56(A) of the Indiana Appellate Rules, which allows “[i]n rare cases, the Supreme Court may, upon verified motion of a party, accept jurisdiction over an appeal that would otherwise be within the jurisdiction of the Court of Appeals upon a showing that the appeal involves a substantial question of law of great public importance and that an emergency exists requiring a speedy determination.” 

In the case of the travel ban federally and the toll road in Indiana, there are some cases that simply require extraordinary effort over short time tables.  And it will be interesting to see in the coming days and months whether the Supreme Court of the United States will follow the District Court and Ninth Circuit’s lead and operate on an accelerated time table.  To be sure though, these cases are outliers from the generally accepted time tables for an appeal.    

Looking for an Indiana appellate attorney that understands your appellate rights? Contact the attorneys at Keffer Barnhart LLP today if you have questions or believe your constitutional or criminal rights have been violated.  We stand ready to provide our clients with trusted representation and accurate information regarding the law and its application to their individualized case.  Act now and contact us today at 1-800-NOT-GUILTY or (317) 857-0160.