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Ohio Public School Student Searches

When Ohio public school student searches occur, those Ohio students are protected by the Fourth Amendment to the United States Constitution.  The Fourth Amendment protects people in the United States from unreasonable searches and seizures.  Students can be searched if there are reasonable grounds for suspecting the search will turn up evidence that the student has violated or is violating either the law or the rules of the school.    

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Ohio Will Changing Mental Capacity

In 2016, the Ninth District Court of Appeals decided that a person under legal guardianship can execute a valid will, ruling on Ohio will changing mental capacity.  Even more notable are the reasons: he suffered from schizophrenia, post traumatic stress disorder, had a low IQ and was a frequent drug user.  Using traditional analysis, the court determined that he had the capacity to execute a will. 

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Ohio Felony Sentencing

Ohio felony sentencing laws place most Ohio crimes into five classes.  These range from the lowest (fifth degree felony) to the highest (first degree felony).  This article will focus on the basic sentencing scheme.  This article will not discuss specialized Ohio felony sentencing laws, such as the death penalty, life imprisonment, and mandatory additional prison time.  Rape and murder are crimes that fall into such specialized Ohio felony sentencing laws. 

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Mandatory DUI Blood Tests Unconstitutional

Many states, including Ohio, criminalize the refusal to submit to alcohol testing after being arrested for DUI.  The United States Supreme Court, in ruling mandatory DUI blood tests unconstitutional, imposed severe limits on such state laws. 

 

Individual Rights And Liberties Are More Important Than Getting Tough On Crime

This case sends a message to get tough on crime advocates:  citizens' personal liberty cannot be infringed in the name of enforcing criminal laws.  The United States was formed on the notion of individual rights and freedoms.  The U.S. Supreme Court reminded us of this fact in its decision.

 

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Repeat OVI Offender Specifications Constitutional

Ohio Supreme Court Declares Repeat OVI Offender Specifications Constitutional

  In 2016, the Ohio Supreme Court found the repeat OVI offender specifications constitutional.  The accused challenged the Ohio DUI sentencing laws as unconstitutional because they violated equal protection of the law.  The Ohio Supreme Court did not agree with that argument.

 

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Ohio Medicaid Waiver Program

The Ohio Medicaid Waiver Program funds the services necessary to allow the individual to stay in his or her own home.  These programs “waive” Medicaid regulations so individuals can use community-based programs that cost far less than nursing homes and other institutional residential settings.  This program addresses the high cost of nursing home care and people's desire to stay in their own homes.

 

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Ohio Cell Phone Search Requires Search Warrant

Apple and the FBI have gotten a lot of attention lately on the government’s power to search cell phones.  Apple refused to unlock its phones and FBI figured out how to do it by themselves.  Long before this battle ensued, the Ohio Supreme Court issued the following decision: Ohio cell phone search requires search warrant

 

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Police Cannot Search Legally Parked Cars Without A Warrant

In 2016, the Ohio Supreme Court issued a ruling that declared that the  police cannot search legally parked cars without a warrant.  The arrest of an occupant of the vehicle does not, by itself, give the police authority to search legally parked vehicles.

 

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Punitive Damages Award Against Dead Person Allowed

In 2016, the Ohio Supreme Court ruled that a punitive damages award against dead person allowed.  The deceased person’s estate can be held responsible for punitive damages if a trial court awards such damages against the decedent, cutting into the share of the estate the heirs can receive. (more…)

DUI Blood Testing Requirements

On February 10, 2016, the Ohio Supreme Court issued a decision on DUI blood testing requirements. In this latest case, the Ohio Supreme Court had to decide if the police substantially complied with the Department of Health regulations.  The substantial compliance standard was created by the Ohio Supreme Court years ago.  Some argue that the substantial compliance standard provides rational flexibility while others argue that it allows court to ignore serious forensic errors by the police.

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Misdemeanor Concurrent Sentences Mandatory

When one is sentenced on both a felony and a misdemeanor, the Ohio Supreme Court has determined misdemeanor concurrent sentences mandatory with felony sentences. In a decision entered recently this year, this Ohio Supreme Court resolved conflicting opinions among the lower courts on this issue.  Consecutive sentences are served one right after the other, with no double credit for any of the time served.  Two six month sentences would add up to a year if they ran consecutive to one another.  Concurrent sentences are served at the same time.  Two six month sentences would add up to only six months if they ran concurrent to one another.

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New Ohio Criminal Mental State Requirements

In 2014, the Ohio Legislature passed into law new Ohio criminal mental state requirements. This new law required any criminal laws passed after December 19, 2014, to contain a mental state or a guilty mind as an element of the offense.  This means the new crime must include the requirement that the accused committed the act recklessly, knowingly or intentionally.  Acting recklessly, knowingly or intentionally is acting with the mental state required as part of the offense.

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Ohio Appeal Rights

If you do not like the ruling at trial, you may have Ohio appeal rights, which is the right to appeal the trial court’s decision.  

Ohio Appeal Rights To Appeal The Magistrate

    If the trial or hearing was heard by a magistrate, you have the right to appeal the magistrate. If the magistrate issued an order, you have the right to ask the judge to set the order aside.  This must be filed within ten days of the order.  Filing this motion does not automatically stop the order from taking effect.  If the magistrate issued a decision, you have the right to object to the decision.  The objection automatically stops enforcement of the decision.  Unfortunately, this includes the parts you may like along with the parts to which you have objections.  The objection must be filed within fourteen days of the filing of the magistrate’s decision. (more…)

Ohio Paternity Parentage Cases

Ohio child custody rights of unmarried parents are decided in Ohio paternity parentage cases, which includes requests for legal custody, parenting time and/or shared parenting. In Ohio, an unmarried mother has sole legal custody of a child born outside of marriage.  The father has no legal rights to the child until he requests the court to issue orders establishing a father-child relationship and an order for parenting time.

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Modifying Child Custody In Ohio

Courts modifying child custody in Ohio have to follow a set of rules. As always, the best interests of the child must be considered.  However, before getting to that point, the court must consider a number of factors as to whether the case qualifies for a modification of parental rights and responsibilities.  A change in circumstances is required to even gain the right to be in court on a child custody modification motion.  This requirement promotes stability in the child's life and prevents motions for changes in custody based on insignificant events.

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Ohio Marriage Contracts

Ohio marriage contracts involves three parties: (1) you; (2) your spouse; and (3) the State of Ohio. Marriage is a legal contract with rights and obligations.  Of course, marriage is not just a cold legal concept—marriage is a spiritual and personal relationship between two people.  The obligations of marriage: mutual respect, fidelity and support.  The duty to support includes the parties’ mutual biological and adopted children.

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Ohio Divorce Impacts Benefits

An Ohio divorce impacts benefits in many ways. Benefits can be preserved while the divorce is pending. Rights to benefits can either be awarded or denied after the divorce is finalized. When a divorce is filed, most domestic relations courts in Ohio automatically issue retraining orders. These restraining orders prohibit the parties from selling assets or destroying assets, and from cancelling benefits. This means neither party can remove the other from any insurance coverage, including health insurance.

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Ohio Child Custody Evaluations

Some child custody battles in Ohio need a more in-depth look than what can be provided by just the testimony of the witnesses. Ohio child custody evaluations can provide that deeper look into the parents and children involved.  A child custody evaluation is ordered by the court and usually consists of psychological evaluations of the parents, observations of the parents with the children, interviews of the parents, and collateral information.

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Rights Of Students In Public Schools

Do juveniles have the same rights as adults? Generally yes, but such rights are balanced against protecting the juvenile from himself or herself as well as keeping schools safe.  This article focuses on the rights of students in public schools.

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Ohio Courts And The People Who Work There

Identifying courts and court personnel in Ohio courts requires the right resources. There are trial courts, courts of appeals, supreme courts, and the people who work at these courts.  This article is a guide for the some of the most common Ohio courts the people who work there. (more…)

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