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Indiana Court of Appeals
Madison County Board of Commissioners and Madison County Highway Department v. American Federation of State County and Municipal Employees Local 3609
33A05-1505-PL-409
Civil plenary. Affirms summary judgment in favor of the union on the county’s motion to correct or vacate the arbitrator’s award, in which it reduced two union workers’ discipline from termination to a five-day unpaid layoff. The county circumvented the collective bargaining agreements’ progressive discipline scheme and the CBA does not require discharge for the infractions committed by the employees or prohibit the arbitrator from reducing an employee’s punishment.
In the Matter of the Supervised Administration of the Estate of Gary Lee Shue, Deceased, Kaylie Marie Schriber, Personal Representative v. Heather Shue, James Weddle, and Larry Shue (mem. dec.)
32A01-1502-ES-63
Estate, supervised. Dismisses appealed order declaring that during Shue’s lifetime he had effectively transferred ownership of certain assets to his son Larry Shue and his first wife’s brother, James Weddle. The appealed order is not a final judgment.
Jo Ann Vance and Paul Vance, as Co-Personal Representatives of the Estate of Ricky L. Vance, Deceased v. Robert A. Phillips d/b/a Krueger's Korner Klub, and Risner's Oasis, Inc., et al. (mem. dec.)
46A03-1503-CT-105
Civil tort. Affirms summary judgment in favor of Krueger’s Korner Klub and Risner’s Oasis on the Vance estate’s dram shop claims.
Robert J. Fugate, Jr. v. State of Indiana (mem. dec.)
84A01-1505-CR-411
Criminal. Affirms 10-year sentence following guilty plea to Class B felony rape.
Robert A. Phillips d/b/a Krueger's Korner Klub v. Melanie Mills, as Personal Representative for the Estate of Stephen F. Mills, Deceased, Risner's Oasis, Inc., Jo Ann Vance, et al. (mem. dec.)
46A03-1408-CT-277
Civil tort. Affirms denial of Krueger’s request for payment of its attorney fees and costs and grant of summary judgment in favor of Kruger’s and Risner’s on the Mills’ estate’s dram shop claims.
Jerry Austin v. State of Indiana (mem. dec.)
32A01-1504-CR-143
Criminal. Affirms Austin’s convictions of Class A misdemeanor resisting law enforcement and Class B misdemeanor disorderly conduct.
Nathan Robinson v. State of Indiana (mem. dec.)
49A02-1504-CR-217
Criminal. Affirms convictions of Class D felony residential entry and Class A misdemeanors pointing a firearm and carrying a handgun without a license. Remands with instructions to vacate Robinson’s Class B misdemeanor criminal mischief conviction and sentence based on double jeopardy grounds.
http://www.in.gov/judiciary/opinions/pdf/11121501cjb.pdf
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