positive drug test (Ohio) · Go Syfert
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positive drug test in Ohio

7 Ohio opinions name it 2 courts 1992–2021 2 in the last five years

The cases below were cited by Ohio courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
In re C.C.green
ohioctapp · 2010 · cited in 1 Ohio opinions naming this issue, 2021–2021
2 sentences

2021However, “substantial compliance with a case plan” is not, in and of itself, “dispositive” and “does not preclude a grant of permanent custody to a social services agency.” In re J.B., 2013- Ohio-1704, at ¶ 90, citing In re C.C., 187 Ohio App.3d 365 , 2010-Ohio-780 , 932 N.E.2d 360, ¶ 25 (8th Dist.).

2021However, “substantial compliance with a case plan” is not, in and of itself, “dispositive” and “does not preclude a grant of permanent custody to a social services agency.” In re J.B., 2013- Ohio-1704, at ¶ 90, citing In re C.C., 187 Ohio App.3d 365 , 2010-Ohio-780 , 932 N.E.2d 360, ¶ 25 (8th Dist.).

11
State v. Foremangreen
ohioctapp · 2020 · cited in 1 Ohio opinions naming this issue, 2021–2021
2 sentences

2021See id.

2021See id.

11
People v. Lopezgreen
coloctapp · 2004 · cited in 1 Ohio opinions naming this issue, 2018–2018
1 sentence

2018See People v. Lopez, 97 P.3d 223 (Colo.App.Div.A 2004); Doyle v. State, 2009 Ark.App. 94 , 302 S.W.3d 607 (Div.2). {¶10} The record in this matter indicates that on September13, 2017, the trial court imposed a ten-day sentence, and stated that this is “a gift because I could be giving you six months * * * ten days then you can go on about your business.” This sentence was clearly a sentence for the underlying offense and not simply a deferred judgment violation.

11
State v. Jonesgreen
ohioctapp · 2011 · cited in 1 Ohio opinions naming this issue, 2012–2012
1 sentence

2012Montgomery No. 24077, 2011-Ohio-3275, ¶ 12 (noting that Evid.R. 803(6) had an authentication requirement that must be met before the rule applies). {¶ 18} In Royse, we addressed the admissibility of a firefighter’s positive drug test results in a hearing before the Civil Service Board, which had chosen to follow the Ohio Rules of Evidence.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Ohio. Read the followed side critically anyway.

Also cited on this issue (5)

CaseCitedYears
Doyle v. State green
arkctapp · 2009
2 sentences

2018See People v. Lopez, 97 P.3d 223 (Colo.App.Div.A 2004); Doyle v. State, 2009 Ark.App. 94 , 302 S.W.3d 607 (Div.2). {¶10} The record in this matter indicates that on September13, 2017, the trial court imposed a ten-day sentence, and stated that this is “a gift because I could be giving you six months * * * ten days then you can go on about your business.” This sentence was clearly a sentence for the underlying offense and not simply a deferred judgment violation.

2018See People v. Lopez, 97 P.3d 223 (Colo.App.Div.A 2004); Doyle v. State, 2009 Ark.App. 94 , 302 S.W.3d 607 (Div.2). {¶10} The record in this matter indicates that on September13, 2017, the trial court imposed a ten-day sentence, and stated that this is “a gift because I could be giving you six months * * * ten days then you can go on about your business.” This sentence was clearly a sentence for the underlying offense and not simply a deferred judgment violation.

12018–2018
State v. Amos green
ohioctapp · 2016
1 sentence

2018Gallia No. 15CA5, 2016-Ohio-917, fn. 1 , citing Katz & Giannelli, Criminal Law, Section 123:7 (3d Ed.2009).

12018–2018
State v. Ruff green
ohio · 2015
2 sentences

2018State v. Ruff, 143 Ohio St.3d 114 , 2015-Ohio-995 , 34 N.E.3d 892, ¶ 10 . {¶9} We recognize that courts have held that there is no double jeopardy violation where a trial court imposes sentence for a “deferred judgment violation” such as a positive drug test, and later imposes a sentence on the underlying offense.

2018State v. Ruff, 143 Ohio St.3d 114 , 2015-Ohio-995 , 34 N.E.3d 892, ¶ 10 . {¶9} We recognize that courts have held that there is no double jeopardy violation where a trial court imposes sentence for a “deferred judgment violation” such as a positive drug test, and later imposes a sentence on the underlying offense.

12018–2018
Southwest Ohio Regional Transit Auth. v. Amalgamated Transit Union, Local 627 green
ohio · 2001
1 sentence

2006The SORTA case concerns an employee of the Southwest Regional Transit Authority that was terminated due to a positive drug test. {¶ 15} In the SORTA case, the Ohio Supreme Court held that "* * * vacating an arbitration award pursuant to public policy is a narrow exception to the `hands off' policy that courts employ in reviewing arbitration awards and `does not otherwise sanction a broad judicial power to set aside arbitration awards as against public policy.' [Citation omitted.] Accordingly, we must examine `law and legal precedents' in order to determine if there is any public policy that wo

12006–2006
Mers v. Dispatch Printing Co. green
ohio · 1985
2 sentences

1992The Supreme Court of Ohio has addressed an employer’s right to discharge an employee as follows: “Unless otherwise agreed, either party to an oral employment-at-will employment agreement may terminate the employment relationship for any reason which is not contrary to law.” Mers v. Dispatch Printing Co. (1985), 19 Ohio St.3d 100 , 19 OBR 261, 483 N.E.2d 150 , paragraph one of the syllabus.

1992The Supreme Court of Ohio has addressed an employer’s right to discharge an employee as follows: “Unless otherwise agreed, either party to an oral employment-at-will employment agreement may terminate the employment relationship for any reason which is not contrary to law.” Mers v. Dispatch Printing Co. (1985), 19 Ohio St.3d 100 , 19 OBR 261, 483 N.E.2d 150 , paragraph one of the syllabus.

11992–1992

Where else courts name it

NY 42 (2003–2026) TX 24 (1995–2026) CA 17 (2000–2026) FL 15 (1994–2024) PA 15 (1994–2024) NM 13 (1993–2024) NJ 12 (1996–2023) MO 10 (1997–2024) LA 8 (1992–2020) OH 7 (1992–2021) DC 6 (1994–2025) IA 5 (2003–2024) KY 5 (2001–2026) AR 5 (1995–2022) MA 5 (2003–2023) NC 4 (2006–2023) TN 3 (1996–2022) WA 3 (2005–2007) DE 3 (2006–2025) IN 3 (1999–2013) NE 3 (1995–2024) KS 3 (1997–2026) CT 2 (2002–2004) IL 2 (2006–2006) MS 2 (2002–2026) CO 2 (2019–2025) NV 2 (2013–2013)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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