737 results for 'court:"Oregon Court of Appeals"'.
J. Ortega finds the juvenile court properly terminated a father’s parental rights to his daughter. “Given father’s past attempts to disrupt child’s relationship with [foster parents] and to minimize the importance of that attachment, there is reason for concern that father would foment conflicts that would not be in child’s best interest.” Affirmed.
Court: Oregon Court of Appeals, Judge: Ortega, Filed On: May 15, 2024, Case #: A178108, Categories: Family Law
J. Pagan finds the post-conviction court properly imposed the statutory presumptive sentence of lifetime imprisonment on each count of child sexual abuse. “Defendant’s current offenses, combined with his criminal history, reflect a pattern of ‘nonconsensual sexual contact,’ ‘exploitation of child victims,’ or both.” Affirmed.
Court: Oregon Court of Appeals, Judge: Pagan, Filed On: May 15, 2024, Case #: A178945, Categories: Sentencing, Sex Offender, Child Victims
J. Shorr finds the trial court properly determined there was sufficient evidence in the record to support the “less-satisfactory evidence” jury instruction. “Plaintiff’s contention that the less-satisfactory evidence instruction was not harmless is not sufficiently related to the evidence at issue or the trial court’s actual ruling."
Court: Oregon Court of Appeals, Judge: Shorr, Filed On: May 15, 2024, Case #: A179622, Categories: Evidence, Jury, Negligence
J. Kistler finds the trial court properly entered a permanent stalking protective order (SPO) against an individual. Evidence demonstrates that the individual “engaged in unwanted, non-expressive contacts” with the victim. Affirmed.
Court: Oregon Court of Appeals, Judge: Pagan, Filed On: May 15, 2024, Case #: A180229, Categories: Family Law
J. Pagan finds the trial court properly fined defendant, convicted of DUI. “Defendant was actively instrumental in bringing about the suspended fine.” Affirmed.
Court: Oregon Court of Appeals, Judge: Pagan, Filed On: May 15, 2024, Case #: A179732, Categories: Dui
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Shorr finds the juvenile court properly took jurisdiction of the father’s child. “There was a risk of serious loss or injury to [the child] at the time of the jurisdictional trial.” Affirmed.
Court: Oregon Court of Appeals, Judge: Shorr, Filed On: May 15, 2024, Case #: A182509, Categories: Family Law
J. Pagan finds the juvenile court properly issued supplemental disposition judgments with respect to both of a mother’s children, ordering her to achieve certain expected outcomes. “Mother’s generalized objection did not provide an explanation or legal reasoning that would notify the court or parties of her argument on appeal that the court lacked statutory authority.” Affirmed.
Court: Oregon Court of Appeals, Judge: Pagan, Filed On: May 15, 2024, Case #: A182317, Categories: Family Law
J. Lagesen finds the trial court properly committed an individual. “There is no indication that appellant attempted to exercise his right to counsel before the court appointed counsel.” Affirmed.
Court: Oregon Court of Appeals, Judge: Lagesen, Filed On: May 15, 2024, Case #: A181724, Categories: Commitment
J. Shorr finds the juvenile court properly took jurisdiction of a father’s child. “There was a risk of serious loss or injury to [the child] at the time of the jurisdictional trial.” Affirmed.
Court: Oregon Court of Appeals, Judge: Shorr, Filed On: May 15, 2024, Case #: A182508, Categories: Family Law
J. Mooney finds the trial court violated defendant’s right to self-representation when it failed to inquire whether his request to represent himself was “knowingly and intelligently” made. “Although the trial court eventually granted defendant’s motion to represent himself, it did not do so until the day of trial.” Reversed.
Court: Oregon Court of Appeals, Judge: Mooney, Filed On: May 15, 2024, Case #: A178715, Categories: Robbery, Self Representation
J. Pagan finds the trial court properly declined to acquit defendant for witness tampering. Evidence was “sufficient to find that defendant was attempting to induce a witness to disobey a legal obligation to testify.” Affirmed.
Court: Oregon Court of Appeals, Judge: Pagan, Filed On: May 15, 2024, Case #: A177990, Categories: Evidence, Witnesses
J. Kamins finds the trial court properly excluded testimony from a defense expert because it was relevant as nonscientific evidence. Any error is unpreserved because defendant argued that the evidence was scientific before the trial court. Affirmed.
Court: Oregon Court of Appeals, Judge: Kamins, Filed On: May 15, 2024, Case #: A179212, Categories: Evidence, Experts
J. Tookey finds the trial court properly reduced a husband’s spousal support obligation to the wife but rejected his request to end it. The court’s conclusion was within its discretion. Affirmed.
Court: Oregon Court of Appeals, Judge: Tookey, Filed On: May 15, 2024, Case #: A181085, Categories: Family Law
J. Kamins finds the post-conviction court properly denied relief to defendant after he claimed the state did not prove the “dangerous weapon” element of first-degree assault. “So long as a person uses an object in a manner that makes it readily capable of causing serious physical injury, the object qualifies as a dangerous weapon.” Affirmed.
Court: Oregon Court of Appeals, Judge: Kamins, Filed On: May 15, 2024, Case #: A178930, Categories: Ineffective Assistance, Assault, Weapons
J. Kistler finds the trial court erred by declining to acquit defendant of witness tampering and conspiracy. “No reasonable juror could infer from those text messages that defendant was asking [his son] either to give false sworn testimony in an official proceeding or to unlawfully withhold sworn testimony in an official proceeding.” Reversed.
Court: Oregon Court of Appeals, Judge: Kistler, Filed On: May 15, 2024, Case #: A178060, Categories: Evidence, Conspiracy, Witnesses
J. Powers finds the trial court properly ruled that a nontransferee attorney may not be held jointly liable for the alleged fraudulent transfer of his client. The attorney is “neither the debtor nor transferee.” Affirmed.
Court: Oregon Court of Appeals, Judge: Powers, Filed On: May 8, 2024, Case #: A176528, Categories: Fraud
J. Aoyagi finds the trial court properly declined defendant's motion for a fee waiver to proceed with a habeas motion to vacate an older judgment. “Plaintiff sought a waiver of future fees and costs attendant to a potential motion to vacate a judgment entered five years earlier, and the court denied the motion on the grounds that the case was long closed.” Affirmed.
Court: Oregon Court of Appeals, Judge: Aoyagi, Filed On: May 8, 2024, Case #: A180862, Categories: Habeas
J. Ortega finds the Board of Parole and Post-Prison Supervision properly declined to “sum and/or unsum” defendant's consecutive prison terms for aggravated murder and first-degree robbery when calculating his projected parole release date. One of defendant's two prison terms is for aggravated murder, so the board lacks authority to “sum” his consecutive prison terms.
Court: Oregon Court of Appeals, Judge: Ortega, Filed On: May 8, 2024, Case #: A177386, Categories: Murder, Parole, Sentencing
J. Ortega finds the juvenile court properly terminated a mother’s parental rights to her three children. The mother’s mental health conditions interfere with her ability to prioritize children's needs. Affirmed.
Court: Oregon Court of Appeals, Judge: Ortega, Filed On: May 8, 2024, Case #: A182137, Categories: Family Law
J. Aoyagi finds the trial court properly ruled that defendant broke the law by moving his phone from the dash to his lap while driving. Officer’s testimony established that defendant “used” his cellphone within the meaning of the statute. Affirmed.
Court: Oregon Court of Appeals, Judge: Aoyagi, Filed On: May 8, 2024, Case #: A180213, Categories: Evidence
J. Powers finds the trial court plainly erred by failing to instruct the jury of the requisite culpable mental state concerning the value of the property stolen. However, based on other evidence, it had “little likelihood of affecting the verdict.” Affirmed.
Court: Oregon Court of Appeals, Judge: Powers, Filed On: May 8, 2024, Case #: A177109, Categories: Theft, Jury Instructions
J. Aoyagi finds the trial court properly awarded attorney fees in a supplemental judgment in favor of a real estate firm against two individuals. “Whether parties appearing pro se in civil litigation have a federal constitutional right to file and access court documents electronically, in the same manner as attorneys, is a complex legal question…reasonably in dispute,” so any error is not plain. Affirmed.
Court: Oregon Court of Appeals, Judge: Aoyagi, Filed On: May 8, 2024, Case #: A180510, Categories: Constitution, Attorney Fees
J. Hellman finds the trial court properly revoked defendant's probation and imposed a term of incarceration. “The remedy would be to reinstate defendant’s probation, which would overlap with the sentence in his subsequent case.” Dismissed.
Court: Oregon Court of Appeals, Judge: Hellman, Filed On: May 8, 2024, Case #: A178819, Categories: Probation, Sentencing