Unemployment Appeals Reports 3/12/16

Unemployment Appeals Reports 3/12/16

The Second District holds that an employer lacks just cause to terminate an employee for refusing to stop taking prescription morphine, even if he does not ask the doctor for alternative treatments.  Additionally, an employer may not justify reasons for a termination other than those actually used.

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Unemployment Appeals Reports 3/11/16

Unemployment Appeals Reports 3/11/16

The 8th District affirms a denial of unemployment benefits to an employee who stored files, including pornographic files, on his work computer, holding that rules applying to the State Personnel Board of Review do not apply to unemployment benefits.

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DUI Appeals Reports 02/21/16

DUI Appeals Reports 02/21/16

The Fifth District rejects an argument that an OVI conviction should be overturned for assertions that impairment could be explained by childhood brain injury, a severe back injury, prostate cancer, the airbag went off in defendant's face, that flashing lights impaired ability to complete HGN, and Klonopin was taken after the accident.

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Unemployment Appeals Reports 2/8/16

Unemployment Appeals Reports 2/8/16

The Sixth District affirms that fault is an essential component to just cause and explains it, "will not disrupt the hearing officer's decision to accord more weight to claimant's live testimony over the appellant's hearsay evidence."

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Unemployment Appeals Reports 01/15/16

Unemployment Appeals Reports 01/15/16

The Ninth District declines to extend the limited waiver exception to unemployment benefits for union employees when "there is no termination package at issue, where the leave at issue could last indefinitely, and where the leave at issue was not contemplated as part of any collectively bargained agreement in the record."

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DUI Appeals Reports 01/01/16

DUI Appeals Reports 01/01/16

The Third District holds that a criminal court may not modify a final judgment, including a sentence, nunc pro tunc except when the original sentence was void or it contains a clerical error.

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Unemployment Appeals Reports

Unemployment Appeals Reports

The Tenth District relies on its limited standard of review for unemployment compensation cases to reject an appeal of a denial of unemployment compensation to an employee who had been approved during her determination, redetermination, and hearing, only to find herself denied after a rehearing.

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DUI Appeals Report 12/17/15

DUI Appeals Report 12/17/15

The 5th District holds that a police officer can detain a driver after an alleged hit and skip even when there is no obvious damage to the vehicles, and a person refuses a urine test when only attempting to provide a sample for 5 minutes without asking to try again; the 10th District rejects a constitutional challenge to the per se marijuana OVI statute; the 5th District concludes there is reasonable suspicion to conduct field sobriety tests when there are driving violations, eyes were bloodshot and glassy, there was an odor of alcohol coming the vehicle and the defendant outside of the vehicle, it was 11:35 p.m. on a Friday evening, and the defendant admitted to just leaving a bar; and the 11th District uses res judicata to reject constitutional challenges to the OVI specification when brought on a motion for post-conviction relief.

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DUI Appeals Reports 12/7/2015

DUI Appeals Reports 12/7/2015

The Fourth District upholds the dismissal of OVI charges against a person who admitted to taking prescription medications, because the State did not "present some evidence of how the particular medication actually affects the defendant or that the particular medication has the potential to impair a person's judgment or reflexes."

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DUI Appeals Reports 12/2/15

DUI Appeals Reports 12/2/15

In three recent appellate court decisions, The 9th District rejected an ineffective assistance claim because it relied on evidence outside the record, the 11th District affirmed a motion to suppress when a trooper pulled over a car for a license plate light but failed to check it during the traffic stop, and the 10th District rejected a speedy trial appeal due to tolling and addressed attempts to introduce testimony about the statistical probability of BAC levels with field sobriety tests, without providing an expert.

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DUI Appeal Reports 11/24/2015

DUI Appeal Reports 11/24/2015

The 8th District reaffirms that the maximum sentence for a third-degree felony OVI without a specification conviction is 3 years while the 5th District holds there is reasonable suspicion to stop a bicyclist who rides in the middle of the road, then rides into an OVI checkpoint, but jumps out of the checkpoint by riding his bicycle over the curb and on to the sidewalk.

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DUI Appeals Reports 11/21/15

DUI Appeals Reports 11/21/15

Two cases from the 11th District, granting an appeal in one case after the trial court admitted into evidence a defendant's prior OVI convictions over his offer to stipulate to the prior convictions, and modifying a sentence in a second case after misapplication of the sentencing statutes.

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