NCJ Number
113713
Journal
Indiana Law Journal Volume: 63 Issue: 4 Dated: (1987-1988) Pages: 669-686
Date Published
1988
Length
18 pages
Annotation
Between 1935 and 1985, appellate opinions from Indiana's courts rose from 342 to 1,370. In response to this burgeoning caseload, Indiana and other States have employed a variety of tools to deal with the problem.
Abstract
These strategies have included adding appellate courts; adding judges; issuing summary dispositions and unpublished memoranda; and restricting access to the appellate process. In Indiana, these remedies have been exhausted, yet appellate caseloads in the supreme court have reached all-time highs, resulting in substantial delays for litigants. Consequently, a constitutional amendment has been proposed that would require that only cases involving sentences of more than 50 years be treated as direct appeals. Granting the supreme court authority to divert initial criminal appeals to the court of appeals would allow the supreme court to hear more oral arguments, deliberate more thoroughly, and write more reasoned opinions on issues of statewide importance. Criminal defendants would still receive a written opinion when the court of appeals reviews the trial court's judgment, and they could seek further review in the supreme court through petition to transfer. 88 footnotes.