Opinions Sept. 3, 2021

7^th Circuit Court of Appeals  

Kirk Jones v. Kevin Ramos 
20-2017
Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Judge Damon R. Leichty. Civil. Affirms the Northern District Court’s dismissal of Kirk Jones’ personal injury case without prejudice for failure to timely serve the summons and complaint on the defendants, including Kevin Ramos. Finds Jones had filed the suit only two days short of the limitations period, and therefore the ruling effectively ended the litigation. Finds the district court did not abuse its discretion when it reasonably applied prevailing 7th Circuit law.

Indiana Court of Appeals

Indiana Office of Utility Consumer Counselor v. Citizens Wastewater of Westfield, LLC, et al.
20A-EX-02199
Agency. Affirms the Indiana Utility Regulatory Commission’s order authorizing the acquisition of JLB Development, Inc. by Citizens Wastewater of Westfield, LLC over the objection of the Indiana Office of Utility Consumer Counselor. Finds the Commission’s interpretation of Sections 8-1-2-6 and 8-1-30.3-5 is reasonable. Finds the OUCC’s objection to the reasonableness of the purchase price is based solely on its unsuccessful argument that only the value of JLB’s tangible property could be considered.

Judson K. Hoover v. State of Indiana (mem. dec.)
20A-CR-02310
Criminal. Affirms Judson Hoover’s 65-year sentence for conviction of murder. Finds his sentence is not inappropriate pursuant to Indiana Appellate Rule 7(B).

Jeremy Jamar Sutton v. State of Indiana (mem. dec.)
21A-CR-00534
Criminal. Affirms the denial of Jeremy Sutton’s request to reduce his bail, set at $60,000 surety or $6,000 cash, for his charge of Level 3 felony aggravated battery. Finds Sutton has not demonstrated that the Marion Superior Court’s denial of his request to reduce bail is clearly against the logic and effect of the facts and circumstances before it. Finds no abuse of discretion.

Kevin Rieder v. State of Indiana (mem. dec.)
21A-CR-00390
Criminal. Affirms the St. Joseph Superior Court’s finding that Kevin Rieder is guilty but mentally ill on four counts of Level 5 felony intimidation. Finds substantial probative evidence from which the jury could have reasonably inferred that Rieder was guilty beyond a reasonable doubt.

Rosemary Frasher v. Thurman Frasher (mem. dec.)
21A-DN-00246
Domestic relations no children. Reverses the Fayette Superior Court’s decree dissolving Rosemary Frasher’s marriage to Thurman Frasher. Finds Wife has established prima facie error regarding the division of the marital estate as well as the order to pay Husband’s mediation fees. Remands with instructions to vacate that portion of the dissolution decree.