Articles

Cook deluged by blood-clot filter lawsuits

Patients from around the country have filed 100 lawsuits against Bloomington-based Cook, alleging that some of its blood-clot filters have broken apart, moved or poked through the blood vessel where they are implanted, the inferior vena cava, which brings blood from the lower body back to the heart.

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Some justices dubious of synthetic drug law arguments

At least two of Indiana’s five Supreme Court justices were openly skeptical of arguments that the state’s scheme for criminalizing synthetic drugs such as Spice and bath salts is unconstitutional, as the Court of Appeals ruled.

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Incomplete continuity slip gets conviction vacated

A Fort Wayne man’s argument that his defense strategy was upended when the government waited until mid-trial to produce a complete chain of custody document convinced the 7th Circuit Court of Appeals to overturn his conviction

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Opinions July 13, 2015 ILD

Indiana Court of Appeals

Richard McCrumb v. State of Indiana (mem. dec.)
29A05-1412-CR-583
Criminal. Affirms conviction of operating a motorboat with an alcohol concentration equivalent of at least 0.08, a Class C misdemeanor. Finds the evidence is sufficient to show that McCrumb’s jet ski is a “motorboat.”

David Reyes-Valdes v. State of Indiana (mem. dec.)
15A01-1406-CR-237
Criminal. Vacates Reyes-Valdes’ conviction and 50-year sentence for dealing in cocaine, as a Class A felony. Affirms conviction of conspiracy to commit dealing in cocaine, as a Class A felony, but revises the sentence to 40 years executed.

Gene Hooks v. State of Indiana (mem. dec.)
82A01-1412-PC-546
Post conviction. Affirms denial of petition for post-conviction relief.
 
Tod E. Elias v. Janet R. Elias (mem. dec.)
45A03-1502-DR-46
Domestic relation. Affirms division of marital property in the marriage dissolution.

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Opinions July 13, 2015

7th Circuit Court of Appeals
United States of America v. Joshua R. Mackin
14-3602
U.S. District Court, Northern District of Indiana, Fort Wayne Division;
Judge Theresa Springmann
Criminal. Vacates conviction of being a felon in possession of a firearm and remands for further proceedings. Finds the government’s failure to produce the correct and complete continuity slip until mid-trial violated Federal Rule of Criminal Procedure 16. Agrees with defense that the incomplete slip presented during discovery was the basis of the defendant’s trial strategy and his decision not to seek a plea agreement.

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COA affirms judgment against Hammond in towns’ sewer suit

Hammond’s sanitary district had no statutory authority to cancel wastewater treatment contracts with the neighboring Lake County towns of Griffith, Highland and Whiting, the Indiana Court of Appeals ruled Monday, affirming the trial court in a split opinion.

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Court to abusive litigant: Pay filing fees or you’re done

A Washington, D.C., man who has scribbled illegible, abusive lawsuits against presidents, Congress, celebrities and many others in federal courts around the country – sometimes seeking trillions of dollars – can’t do that anymore in the Southern District of Indiana without first paying filing fees, a judge has ruled.

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