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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Ohio Unemployment Rate for January 2016 Released

Ohio Unemployment Rate for January 2016 Released

Ohio's January 2016 unemployment rate increased again to 4.9% from 4.8% in December and 4.5% in November 2015.  It had reached a fourteen year low of 4.4% in October 2015.  The number of unemployed increased from December by 6,000 to a total of 279,000.  The largest losses in jobs were professional and business services losing 6,500 jobs and local government jobs losing 5,500.

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DUI Appeals Reports 02/23/16

DUI Appeals Reports 02/23/16

The Eighth District seems to hold that an officer may initiate a traffic stop whenever a vehicle switches lanes of traffic, regardless of whether the officer has reason to believe they failed to ascertain whether it was safe to do so.

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DUI Appeals Reports 02/22/16

DUI Appeals Reports 02/22/16

The Eight District holds that R.C. 4510.54 and 4510.021 grant trial courts authority to terminate or modify license suspensions or grant occupational driving privileges, even if convicted of R.C. 2903.06 and 2903.08, with DUI specifications

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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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DUI Appeals Reports 01/31/16

DUI Appeals Reports 01/31/16

The Sixth District holds that attacks to prior OVI convictions based on being uncounseled must be supported with some evidence, even if an affidavit, in the present case; and the Eleventh District holds that probable cause exists when a driver leaves the scene of an accident, gets his vehicle stuck in the mud, has beer cans in his truck, glassy, sleepy eyes, an odor of alcohol, seems confused, and refuses sobriety tests.

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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 01/12/16

DUI Appeals Reports 01/12/16

The Fourth District holds that admission of a defendant's refusal to take a chemical test at trial does not violate a defendant's Fifth and Fourteenth Amendment rights, imposing an administrative license suspension and criminal penalties does not violate Double Jeopardy protections, and disagrees with the 11th District by concluding that courts need not accept defendants' offers to stipulate to prior OVI convictions.

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