737 results for 'court:"Oregon Court of Appeals"'.
J. Aoyagi finds the trial court erred by treating a husband as “in default” for failing to personally appear at the dissolution trial and disallowing his attorney to appear for him. “Not allowing husband to participate in the dissolution trial through counsel resulted in a fundamentally unfair trial.” Reversed.
Court: Oregon Court of Appeals, Judge: Aoyagi, Filed On: May 8, 2024, Case #: A179068, Categories: Family Law
J. Aoyagi finds the trial court properly committed an individual based on her inability to care for her personal needs due to an intellectual disability. She was advised of her right to an attorney and the trial court appointed suitable legal counsel for her. Affirmed.
Court: Oregon Court of Appeals, Judge: Aoyagi, Filed On: May 8, 2024, Case #: A180977, Categories: Commitment
J. Joyce finds the juvenile court erred by granting a child’s paternal grandmother visitation and the right to travel internationally with the child. There was no evidence that without a visitation order, the mother and grandmother’s contentious relationship presents a risk of harm; “to the contrary, [the child] seems to be ‘impervious to the negative things.’” Reversed.
Court: Oregon Court of Appeals, Judge: Joyce, Filed On: May 8, 2024, Case #: A179522, Categories: Family Law
J. Hellman finds the trial court incorrectly instructed itself on the elements of third-degree robbery when determining whether defendant’s actions against the two people that he shot were justified by self-defense. “When the trial court incorporated those elements...it incorrectly instructed itself on the elements of third-degree robbery as related to self-defense.” Reversed.
Court: Oregon Court of Appeals, Judge: Hellman, Filed On: May 8, 2024, Case #: A175927, Categories: Murder, Theft
J. Jacquot finds the trial court erred by denying defendant’s motion to dismiss a theft charge pursuant to a civil compromise. The letter from the store defendant stole items from “acknowledged more than that defendant had paid the statutory penalties that he owed and, therefore, is not precluded…from being offered as evidence.” Reversed.
Court: Oregon Court of Appeals, Judge: Jacquot, Filed On: May 8, 2024, Case #: A178816, Categories: Theft, Justification
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J. Egan finds the trial court properly dismissed a trustee's claim that mine owners breached an agreement to sell a gold mine to the trust, seeking specific performance. “The complaint was required to be signed by an attorney, and it was not.” Affirmed.
Court: Oregon Court of Appeals, Judge: Egan, Filed On: May 1, 2024, Case #: A179038, Categories: Trusts
J. Tookey finds the Land Use Board of Appeals erred in determining that The Confederated Tribes of the Warm Springs Reservation of Oregon did not preserve its right to appeal over issues related to a new business development. “Board had fair notice of the Tribe’s assertion that an evaluation of the ‘no net loss’ standard implicated consideration of the Tribe’s treaty-protected fishery resource.” Reversed.
Court: Oregon Court of Appeals, Judge: Tookey, Filed On: May 1, 2024, Case #: A183421, Categories: Native Americans, Zoning, Water
J. Egan finds the trial court properly committed an individual. “Appellant’s behavior prior and up to the commitment hearing provided the trial court sufficient evidence to determine that appellant was” highly likely to engage in violent behavior. Affirmed.
Court: Oregon Court of Appeals, Judge: Egan, Filed On: May 1, 2024, Case #: A180059, Categories: Commitment
J. Powers finds the trial court properly resolved a dissolution dispute related to property. A husband paid off a mortgage from a “personal” bank account, the property never generated income, and the wife never lived in the house or contributed to it in any manner. Affirmed.
Court: Oregon Court of Appeals, Judge: Powers, Filed On: May 1, 2024, Case #: A176322, Categories: Family Law
Per curiam, the Appeals Court finds the trial court erred by denying a wife’s petition to set aside the default judgment in this dissolution case. “The default judgment, rendered without a further hearing or evidence, exceeded the terms alleged by husband.” Reversed.
Court: Oregon Court of Appeals, Judge: Per curiam, Filed On: May 1, 2024, Case #: A178809, Categories: Family Law
J. Lagesen finds the post-conviction court erred in denying relief on defendant's claim that trial counsel was constitutionally inadequate for not objecting to the trial court’s imposition of enhanced sentences. Counsel should have recognized "that the application of the statute would require a factual determination that at least one of the convictions…involved a separate criminal episode.” Reversed.
Court: Oregon Court of Appeals, Judge: Lagesen, Filed On: May 1, 2024, Case #: A178824, Categories: Ineffective Assistance, Sentencing, Sex Offender
J. Powers finds the juvenile court properly changed the permanency plan for the father’s child. Record of the child’s trauma and diagnoses “establishes that parenting [the child] requires emotional stability in a calm environment that focuses on [the child’s] specific needs.” Affirmed.
Court: Oregon Court of Appeals, Judge: Powers, Filed On: May 1, 2024, Case #: A180913, Categories: Family Law
J. Powers finds the trial court erred in applying a “community standard of care” instead of the “deliberate indifference” standard applicable to a medical habeas claim. “The trial court’s reasoning does not address whether plaintiff suffered ‘unnecessary and wanton infliction of pain’ by prison officials” as required. Reversed.
Court: Oregon Court of Appeals, Judge: Powers, Filed On: May 1, 2024, Case #: A175798, Categories: Habeas, Prisoners' Rights
J. Hellman finds the trial court properly denied defendant’s request for a legal advisor. “Defendant accepted a court-appointed attorney to advise her on that issue and then accepted counsel’s representation for trial.” Affirmed.
Court: Oregon Court of Appeals, Judge: Hellman, Filed On: May 1, 2024, Case #: A177363, Categories: Experts
Per curiam, the Appeals Court finds the juvenile court properly terminated a mother’s parental rights. The “mother is unfit due to certain conduct and conditions that are seriously detrimental” to her child. Affirmed.
Court: Oregon Court of Appeals, Judge: Per curiam, Filed On: May 1, 2024, Case #: A182410, Categories: Family Law
J. Tookey finds the trial court erred in ruling Washington County's ban on the sale and distribution of flavored tobacco and flavored synthetic nicotine products is preempted by Oregon’s scheme for TRL. Since “Oregon does not require tobacco retailers to sell any particular type of tobacco product or inhalant delivery system, Oregon’s scheme for TRL can operate concurrently with” the county. Reversed.
Court: Oregon Court of Appeals, Judge: Tookey, Filed On: May 1, 2024, Case #: A179834, Categories: Government
J. Kamins finds the trial court erred by declining to suppress evidence used to convict defendant of DUII. “Officer’s request to defendant to perform FSTs constituted interrogation after defendant had invoked her right to an attorney.” Reversed.
Court: Oregon Court of Appeals, Judge: Powers, Filed On: May 1, 2024, Case #: A177789, Categories: Evidence, Dui
J. Hellman finds the trial court properly denied defendant’s request for the less-satisfactory evidence jury instruction. Inconsistency in witness testimony “does not establish that a video existed or that it was reasonably available to the state.” Affirmed.
Court: Oregon Court of Appeals, Judge: Hellman, Filed On: May 1, 2024, Case #: A177478, Categories: Evidence, Jury Instructions
J. Hellman finds the juvenile court erred in taking jurisdiction over a mother’s child. “Evidence was insufficient to permit the juvenile court to find [the child] within its jurisdiction on the basis” of the mother’s mental health. Reversed.
Court: Oregon Court of Appeals, Judge: Hellman, Filed On: May 1, 2024, Case #: A182221, Categories: Family Law
J. Lagesen finds the Land Use Board of Appeals erred in remanding Jefferson County’s decision approving a property owner's application for a comprehensive plan map amendment and zone change. The property owner's application did not ask the county to add its land to the designated unincorporated community in the comprehensive plan or to alter the boundaries of the existing unincorporated community. Reversed.
Court: Oregon Court of Appeals, Judge: Lagesen, Filed On: May 1, 2024, Case #: A182390, Categories: Zoning
J. Mooney finds the trial court properly granted an industrial property seller's motion for directed verdict in a case involving an active underground storage tank. The buyer “had actual knowledge of the existence and location of the UST prior to the purchase.” Affirmed.
Court: Oregon Court of Appeals, Judge: Mooney, Filed On: April 24, 2024, Case #: A178469, Categories: Property
J. Mooney rejects petitioner’s appeal of his overall post-prison supervision term. “Petitioner presents no authority that would allow us to address a proportionality challenge in this context.” Affirmed.
Court: Oregon Court of Appeals, Judge: Mooney, Filed On: April 24, 2024, Case #: A180327, Categories: Sentencing
J. Mooney finds the trial court erred by failing to dismiss two counts against defendant. “The state violated defendant’s constitutional right to counsel when the lead detective intentionally listened to several recorded phone conversations between defendant and his attorney, which included privileged communications between them about trial strategy.” Reversed.
Court: Oregon Court of Appeals, Judge: Mooney, Filed On: April 24, 2024, Case #: A177025, Categories: Constitution
J. Jacquot finds the trial court erred by denying his motion to dismiss his theft charge pursuant to a civil compromise. The “letter acknowledged more than that defendant had paid the penalties that he owed…and, therefore, is not precluded from being offered as evidence of a civil compromise.” Reversed.
Court: Oregon Court of Appeals, Judge: Jacquot, Filed On: April 24, 2024, Case #: A178836, Categories: Theft