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Opinions May 24, 2017

Indiana Court of Appeals
Clara Briggs v. Kolb Roellgen & Kirchoff, LLP (mem. dec.)
42A01-1610-CC-2235
Civil collection. Affirms and reverses in part the Knox Superior Court’s entry of summary judgment in favor of Kolb Roellgen & Kirchoff LLP in its action against Clara Briggs for the recovery of unpaid legal fees, collection costs and prejudgment interest. Finds the trial court did not abuse its discretion in denying Briggs’ motion for change of venue or motion for summary judgment, or in granting the firm’s motion for summary judgment to the extent the firm is entitled to unpaid legal fees in the amount of $36,188.41.

Survey: Law firm lawyers, partners lacking work

More than half of equity partners aren’t sufficiently busy at work, a greater number of non-equity partners don’t have enough to occupy their time, and close to nine in 10 law firms have chronically underperforming lawyers, an industry survey reports.

Trump said to hire longtime lawyer Kasowitz for Russia probe

President Donald Trump has hired one of his longtime lawyers, Marc Kasowitz, to help guide him through potentially wide-ranging probes of his campaign and Russian interference in the election, according to a person familiar with the matter.

Indiana sheriff avoids jail time for intimidation

A northern Indiana sheriff is avoiding prison time after pleading guilty to an intimidation charge stemming from an investigation of unrecorded phone calls and visits allowed for a jail inmate.

COA affirms denial of educational credit time for inmate

The Indiana Department of Correction correctly denied an inmate’s request for educational credit time after he was reincarcerated for a parole violation, the Indiana Court of Appeals held Tuesday, finding established caselaw does not allow inmates to “bank” credit time for future incarceration.

COA reinstates Madison City Council rezoning denial

A decision by the Madison City Council to deny a local couple’s request to rezone a property was not arbitrary and capricious and, thus, must be reinstated, the Indiana Court of Appeals ruled.

COA finds no Brady violation in burglary case

The Indiana Court of Appeals has affirmed a man’s conviction for felony burglary, finding the state did not violate his rights by failing to disclose before trial the existence of a wallet discovered during the investigation into the burglary.

7th Circuit hears Indiana birth certificate dispute

The 7th Circuit Court of Appeals seemed unconvinced that Indiana’s prohibition against listing non-birth mothers in female, same-sex married couples on a child’s birth certificate violates the Constitution.

Suit: ‘Scheme to scam’ put dubious charges on Vectren bills

An untold number of Vectren utility customers were duped into paying dubious utility-line protection plan charges that went to a different company after Vectren presumably took a kickback on the charge, a proposed class-action lawsuit claims.

Opinions May 23, 2017

The following 7th Circuit Court of Appeals opinion was posted after IL deadline Monday:
Chijioke B. Ben-Yisrayl v. Ron Neal
16-1013
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Tanya Walton Pratt.
Civil. Affirms the district court’s denial of Chijioke B. Ben-Yisrayl’s petition for habeas relief. Finds Ben-Yisrayl did not raise a claim of ineffective assistance of resentencing counsel in his habeas petition, and his failure to do so is a waiver.

Jury selection enters day 2 in Bill Cosby sex assault case

Jury selection resumed Tuesday outside Philadelphia in Bill Cosby’s sexual assault trial as prosecutors and the defense seek to fill out a panel of 12 jurors and six alternates in a case that has attracted worldwide publicity.

7th Circuit affirms denial of habeas relief

The 7th Circuit Court of Appeals has affirmed the denial of a man’s petition for habeas relief after finding he waived his argument of ineffective assistance of counsel by not raising that argument in his habeas petition.

High court ruling may give voter rights groups a strong tool

The Supreme Court’s ruling that two North Carolina congressional districts relied too heavily on race should give voting-rights advocates a potent tool to fight other electoral maps drawn to give Republicans an advantage in the state.

Order adds Rules Committee members, changes amendment procedure

The Indiana Supreme Court has increased the number of members required for its Committee on Rules of Practice and Procedure while also amending the process for recommending and adopting a rule change in a series of amendments to Trial Rule 80 that took effect Friday.