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The Sixth District affirms a UCRC decision granting unemployment benefits to an individual accused of violating a cellphone policy, where the hearing officer gave more credibility to the claimant's testimony during the hearing than to hearsay statements relied upon by the employer.
Read MoreThe Sixth District departs from prior holdings, bringing itself in line with other appellate courts, by holding that when a trial court does not follow R.C. 2937.07 by failing to obtain an explanation of the circumstances of an offense when accepting a no contest plea, the defendant should be acquitted rather than having the case simply remanded.
Read MoreThe 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.
Read MoreThe 11th District holds that the OVI repeat offender specification is Constitutional and the only grounds to challenge prior convictions must be based on a lack of counsel, while the 12th District holds that the speedy trial clock for subsequent OVI charges based on chemical tests does not begin to run at the time of the original OVI charge.
Read MoreThe 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.
Read MoreOhio'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.
Read MoreThe 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.
Read MoreThe 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
Read MoreThe 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.
Read MoreThe Fourth District holds that dentures are not foreign objects and that the accuracy of breath tests given to suspects with dentures in their mouth is a matter of weight, not admissibility, of the test results.
Read MoreThe 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."
Read MoreDivorces and dissolutions are two methods of ending divorces in Ohio. Each has its own advantages and disadvantages, and each has its place.
Read MoreDefamation, including libel and slander, is an area of law with large grey areas. Having an understanding of the basic concepts can help you avoid being sued, as well as help you evaluate whether you might have a viable case.
Read MoreIn two cases, the Eleventh District holds that a motion to dismiss based on speedy trial revokes any prior speedy trial waivers; and a waiver of counsel at arraignment is insufficient to waive counsel at trial.
Read MoreExperienced attorney with 19 years of legal expertise in OVI/DUI defense, criminal defense, labor union law, and employment law. Admitted to practice in Ohio, the U.S. District Courts for Northern and Southern Ohio, and the Sixth Circuit Court of Appeals.
by Brian J. Smith, Esq
The Law Offices of Brian J. Smith, ltd.
20545 Center Ridge Road, Suite 215, Rocky River, Ohio 44116
800-641-1970
https://www.BrianSmithLaw.com
Criminal Defense - DUI Defense - Unemployment Appeals - Union Labor Law
Unemployment Appeals and Union Labor Law service areas include the State of Ohio.
Criminal and OVI services areas include: Ashtabula, Cuyahoga, Erie, Geauga, Huron, Lake, Lorain, Ottawa, Portage, Sandusky, and Summit, Counties, including the cities of Amherst, Avon, Avon Lake, Bay Village, Beachwood, Bedford, Bellevue, Berea, Brecksville, Brook Park, Brooklyn, Chagrin Falls, Chardon, Cleveland, Cleveland Heights, Clyde, Cuyahoga Heights, Elyria, Euclid, Fairview Park, Fremont, Garfield Heights, Gates Mills, Highland Heights, Huron, Independence, Kent, Lakewood, Linndale, Lorain, Lyndhurst, Maple Heights, Mayfield Heights, Mentor, Middleburg Heights, Newburgh Heights, North Olmsted, North Randall, North Ridgeville, Norwalk, Oberlin, Painesville, Parma, Pepper Pike, Port Clinton, Ravenna, Richmond Heights, Rocky River, Sandusky, Seven Hills, Shaker Heights, Sheffield Village, Sheffield Lake, South Euclid, Stow, Summit County, University Heights, Valley View, Vermilion, Westlake, Willoughby, and Woodville.
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