About the Indiana Supreme Court
The Indiana Supreme Court is Indiana's highest court — the final word on questions of Indiana law. It has five justices and hears cases through two primary routes: discretionary transfer from the Indiana Court of Appeals, and mandatory jurisdiction over certain serious criminal cases.
Unlike the Indiana Court of Appeals, which must hear every properly filed appeal, the Supreme Court has broad discretion over which cases it accepts. The court takes a relatively small number of cases each year, focusing on matters that present important questions of law, resolve conflicts between Court of Appeals decisions, or involve significant constitutional issues. A petition that simply argues the Court of Appeals was wrong — without presenting a broader legal question — is unlikely to succeed.
How Cases Reach the Indiana Supreme Court
Petition to Transfer — Discretionary Review
The most common route to the Indiana Supreme Court is a Petition to Transfer filed after the Court of Appeals issues its decision. Either party may petition for transfer within 30 days of the Court of Appeals decision. The opposing party has 30 days to respond. The Supreme Court then decides — without explanation — whether to grant or deny transfer.
If transfer is denied, the Court of Appeals decision is final. If transfer is granted, the Court of Appeals decision is vacated and the Supreme Court considers the case anew — typically with additional briefing and oral argument.
The key to a successful Petition to Transfer is identifying why the case matters beyond the parties involved. The Supreme Court looks for:
- A conflict between Court of Appeals decisions on the same legal issue
- A conflict between the Court of Appeals decision and a prior Indiana Supreme Court decision
- An important question of Indiana law not yet addressed by the Supreme Court
- A significant federal constitutional issue
- A matter of broad public importance
- A perceived error so significant that fundamental fairness requires correction
Mandatory Jurisdiction — Death, Life, and LWOP Cases
The Indiana Supreme Court has mandatory jurisdiction — meaning it must hear the appeal — over criminal cases where the sentence is death, life imprisonment without parole (LWOP), or life imprisonment. These cases bypass the Court of Appeals entirely and go directly from the trial court to the Supreme Court. The Supreme Court also has mandatory jurisdiction over certain attorney discipline, judicial conduct, and admission to the bar matters.
Original Actions
In limited circumstances, a party may seek extraordinary relief directly from the Indiana Supreme Court through an original action — such as a writ of mandamus or prohibition — without going through the trial court and Court of Appeals first. These are rare and reserved for situations where ordinary appellate review is inadequate.
The Supreme Court Process
Petition to Transfer — Filing and Response
A Petition to Transfer must be filed within 30 days of the Court of Appeals decision. The petition should be concise and focused — typically no more than the page limits set by the Indiana Rules of Appellate Procedure. It must clearly identify the grounds for transfer and explain why the case warrants Supreme Court attention. A lengthy petition that simply re-argues the merits is less effective than a focused petition that addresses the transferability criteria directly.
The opposing party has 30 days to file a response. The Supreme Court may then grant transfer, deny transfer, or hold the petition pending resolution of a related case.
Briefing After Transfer Is Granted
If transfer is granted, the Supreme Court typically orders fresh briefing on the merits. In some cases, it accepts the existing Court of Appeals briefs. The briefing schedule mirrors the Court of Appeals process — appellant's brief, appellee's brief, optional reply — though page limits and timing may differ.
Oral Argument
The Indiana Supreme Court holds oral argument in many transferred cases. Arguments are presented before all five justices. The justices are active questioners and often use oral argument to probe the limits of each party's position. Preparation for Supreme Court oral argument is intensive — every assumption in the brief should be stress-tested before the argument.
The Decision
The Indiana Supreme Court's decision is the final word on Indiana law. The court may affirm, reverse, modify, or remand. It may also write narrowly (deciding only the issue presented) or broadly (setting a rule for future cases). A Supreme Court decision — particularly a published opinion — becomes binding precedent for all Indiana courts.
What Happens If the Supreme Court Denies Transfer
If the Indiana Supreme Court denies transfer, the Court of Appeals decision stands as final. There is no further appeal within the Indiana court system. If the case involves a federal constitutional question — such as a Fourth, Fifth, or Sixth Amendment claim — a separate federal habeas corpus petition may be available, but that is a distinct proceeding with its own requirements and limitations.
Hammond Legal's Role in Supreme Court Cases
Hammond Legal handles all phases of Indiana Supreme Court representation: evaluating whether a case presents grounds for transfer, drafting the Petition to Transfer, responding to a petition filed against a client's favorable Court of Appeals decision, briefing on the merits after transfer, and oral argument before the five-justice court.
Supreme Court appellate work requires a different approach than trial work or even intermediate appellate work. The goal is not just to win for the client in this case — it is to persuade five justices that the question presented is important enough to resolve at the highest level. That requires understanding how the court thinks, what it has said in prior decisions, and how to frame a legal argument in a way that has implications beyond the immediate case.
Frequently Asked Questions — Indiana Supreme Court
What is a Petition to Transfer?
A Petition to Transfer is a request asking the Indiana Supreme Court to accept a case for review after the Court of Appeals has decided it. Transfer is discretionary — the Supreme Court is not required to take the case. It must be filed within 30 days of the Court of Appeals decision and must present compelling grounds for Supreme Court review beyond simply arguing the Court of Appeals was wrong.
How long do I have to file a Petition to Transfer?
The Petition to Transfer must be filed within 30 days of the Indiana Court of Appeals decision. The opposing party then has 30 days to respond. If you received an unfavorable Court of Appeals decision and want to seek Supreme Court review, contact Hammond Legal promptly to evaluate your options.
What does the Indiana Supreme Court look for in transfer petitions?
The Supreme Court grants transfer most often when there is a conflict between Court of Appeals decisions, an important unresolved question of Indiana law, a significant constitutional issue, or a matter of broad public importance. A petition arguing only that the Court of Appeals reached the wrong result — without identifying a broader legal significance — is unlikely to succeed.
When does the Indiana Supreme Court have mandatory jurisdiction?
The Indiana Supreme Court must hear appeals in cases where the sentence is death, life imprisonment without parole (LWOP), or life imprisonment. These cases go directly from the trial court to the Supreme Court, bypassing the Court of Appeals. The court also has mandatory jurisdiction over attorney discipline, judicial conduct, and certain bar admission matters.
What happens if the Supreme Court denies transfer?
If transfer is denied, the Court of Appeals decision is final within the Indiana court system. There is no further state appeal. If the case involves a federal constitutional question, a separate federal habeas corpus proceeding may be available — but that is a distinct process with its own requirements, limitations, and deadlines.
Does Hammond Legal handle Indiana Supreme Court oral argument?
Yes. Hammond Legal handles Petition to Transfer drafting, merits briefing after transfer is granted, and oral argument before the Indiana Supreme Court's five justices.