68 results for 'judge:"Hellman"'.
J. Hellman finds the trial court did not impermissibly rely on evidence of a husband’s past income and did not abuse its discretion when it determined the husband’s income for the purposes of calculating spousal support. Affirmed.
Court: Oregon Court of Appeals, Judge: Hellman, Filed On: January 10, 2024, Case #: A176616, Categories: Family Law
J. Hellman finds the trial court properly calculated the amount of child support in a dissolution. “The trial court was not required to accept wife’s salary at the time of the trial as her present earning capacity.” Affirmed.
Court: Oregon Court of Appeals, Judge: Hellman, Filed On: January 10, 2024, Case #: A178268, Categories: Family Law
J. Hellman finds the juvenile court properly asserted jurisdiction over a child. The mother was “unable or unwilling to fully appreciate the risks posed by” the father’s failure to address his history of domestic violence, placing the child at risk of harm. Affirmed.
Court: Oregon Court of Appeals, Judge: Hellman, Filed On: January 10, 2024, Case #: A180679, Categories: Family Law
J. Hellman finds the post-conviction court properly concluded that defendant’s trial counsel did not provide inadequate and ineffective assistance of counsel after counsel failed to argue for merger of petitioner’s convictions. “Recklessly endangering another person and attempted first-degree assault each require proof of an element that the other does not, they do not merge.” Affirmed.
Court: Oregon Court of Appeals, Judge: Hellman, Filed On: December 28, 2023, Case #: A176150, Categories: Ineffective Assistance, Sentencing, Assault
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J. Hellman finds the the trial court properly allowed the admission of a statement by the victim during a forensic interview that she had delayed reporting other acts of abuse because she did not want defendant to “go back to jail.” The court “did not err in admitting the evidence…to establish the victim’s motive for delayed reporting and to establish that the victim had not fabricated the delayed disclosures of abuse.” Affirmed.
Court: Oregon Court of Appeals, Judge: Hellman, Filed On: December 28, 2023, Case #: A174588, Categories: Evidence, Sex Offender, Child Victims
J. Hellman finds the Workers’ Compensation Board properly reversed the administrative law judge’s order affirming the denial of petitioner’s claims. “The order demonstrates that the board considered the information that counsel had provided, articulated why it concluded that counsel’s fee request was unreasonable in this particular case, and explained how it reached its final award.” Affirmed.
Court: Oregon Court of Appeals, Judge: Hellman, Filed On: December 28, 2023, Case #: A177241, Categories: Workers' Compensation
J. Hellman finds the trial court properly ordered defendant to pay restitution for the victim’s chiropractic treatment, copays and lost wages. “Evidence supports a finding that defendant’s criminal conduct was the factual cause of [victim’s] symptoms” which arose as a result of "an abusive and traumatic romantic relationship." Affirmed.
Court: Oregon Court of Appeals, Judge: Hellman, Filed On: December 20, 2023, Case #: A178025, Categories: Evidence, Harassment
J. Hellman finds the trial court properly convicted defendant for two counts of harassment constituting domestic violence. “There is little likelihood that the jury might not have been persuaded that [defendant] was at least criminally negligent” for pulling the victim’s leg and punching a windshield. Affirmed.
Court: Oregon Court of Appeals, Judge: Hellman, Filed On: December 20, 2023, Case #: A176420, Categories: Domestic Violence, Harassment
J. Hellman finds the trial court erred by imposing a mandatory minimum $2,000 fine because the jury did not make any findings as to defendant’s blood alcohol content (BAC). The state concedes the error. Reversed.
Court: Oregon Court of Appeals, Judge: Hellman, Filed On: November 29, 2023, Case #: A176053, Categories: Jury, Dui
J. Hellman finds the trial court erred by awarding restitution to the organization that paid for an evaluation of the child at a child abuse assessment center. “The state failed to identify any theory of civil recovery that would allow [the center] to recover from defendant the cost of the forensic interview…that occurred after a referral by police, was at least partly for investigatory purposes, and for which neither the victim nor the victim’s family would ever be billed.” Reversed.
Court: Oregon Court of Appeals, Judge: Hellman, Filed On: November 29, 2023, Case #: A175263, Categories: Sex Offender, Restitution, Child Victims
J. Hellman finds the trial court erred by determining that the statutory requirements for an SPO were satisfied. “Even though the message unequivocally detailed serious personal violence—DS’s murder at her workplace the next day—an imminent threat must convey that serious personal violence is ‘impending,’ ‘near at hand,’ or ‘menacingly near.’” Reversed.
Court: Oregon Court of Appeals, Judge: Hellman, Filed On: November 15, 2023, Case #: A179952, Categories: Restraining Order, Identity Theft
J. Hellman finds the trial court properly held a husband in contempt for failing to comply with two provisions of the general judgment of dissolution. “Husband had not carried his burden to establish that affirmative defense.” Affirmed.
Court: Oregon Court of Appeals, Judge: Hellman, Filed On: November 15, 2023, Case #: A178379, Categories: Family Law
J. Hellman finds the juvenile court properly took jurisdiction over a father’s then three-year-old child. “The record supports that, at the time of the jurisdictional trial, father’s mental health and residential instability were interfering with his ability to safely parent and created a 'current and nonspeculative’ risk of harm to child." Affirmed.
Court: Oregon Court of Appeals, Judge: Hellman, Filed On: November 15, 2023, Case #: A180760, Categories: Family Law
J. Hellman finds the trial court erred by convicting defendant of failure to perform the duties of a driver when property is damaged. Photographic “evidence that a driveway connects to a public road—without more—is insufficient for a rational trier of fact to find that it was open to the public.” Reversed.
Court: Oregon Court of Appeals, Judge: Hellman, Filed On: November 8, 2023, Case #: A175984, Categories: Evidence
J. Hellman finds the juvenile court properly denied foster parents’ motion to intervene in a child’s dependency case. The statute “requires appellants to prove that the existing parties cannot adequately present the case.” Affirmed.
Court: Oregon Court of Appeals, Judge: Hellman, Filed On: October 25, 2023, Case #: A179897, Categories: Family Law
J. Hellman finds the juvenile court properly changed sole legal custody from a father to a mother. “Father’s distrust of mother and his desire to exclude mother from [the child’s] life compromised his ability to parent and…created a ‘high conflict’ and ‘hostile environment’ for [the child] to navigate.” Affirmed.
Court: Oregon Court of Appeals, Judge: Hellman, Filed On: October 25, 2023, Case #: A176632, Categories: Family Law
J. Hellman finds the trial court erred when it concluded that a company did not have sufficient minimum contacts with Oregon to support personal jurisdiction. When the employer gave the employee an ultimatum to dismiss her stalking protective order or else lose her job, the employer "engaged in intentional actions with a meaningful connection to Oregon, thereby creating sufficient minimum contacts to support specific personal jurisdiction.” Reversed.
Court: Oregon Court of Appeals, Judge: Hellman, Filed On: September 27, 2023, Case #: A176038, Categories: Employment
J. Hellman finds the trial court abused its discretion in denying defendant’s third motion to substitute counsel. “The law allows the trial court to take into account all known circumstances when determining whether to grant a motion for substitution of counsel.” Affirmed.
Court: Oregon Court of Appeals, Judge: Hellman, Filed On: September 27, 2023, Case #: A175599, Categories: Domestic Violence
J. Hellmen finds the trial court properly denied defendant’s motion to dismiss on double jeopardy grounds after he was convicted of firearms violations and menacing. “A conviction by a nonunanimous jury is not an acquittal, nor is it a finding of insufficient evidence. It is a conviction obtained in violation of constitutional protections. As such, defendant is subject to retrial.” Affirmed.
Court: Oregon Court of Appeals, Judge: Hellman, Filed On: September 20, 2023, Case #: A176269, Categories: Firearms, Jury, Double Jeopardy
J. Hellman finds the Workers’ Compensation Board properly upheld an Administrative Law Judge's determination denying benefits to a sheepherder who needed an appendectomy. There was no evidence “that the trip to the local clinic and 90-minute drive to the hospital caused his complications from the appendicitis.” Affirmed.
Court: Oregon Court of Appeals, Judge: Hellman, Filed On: August 9, 2023, Case #: A177556, Categories: Workers' Compensation
J. Hellman finds the trial court erred in judging defendant, who was convicted of menacing constituting domestic violence and harassment constituting domestic violence, was prohibited from possessing firearms or ammunition because neither crime is a “qualifying misdemeanor.” The state concedes the error. Reversed.
Court: Oregon Court of Appeals, Judge: Hellman, Filed On: July 26, 2023, Case #: A174750, Categories: Firearms, Domestic Violence, Harassment
J. Hellman finds the trial court properly continued a Family Abuse Protection Act (FAPA) order. “The record contains evidence from which the trial court could conclude that petitioner reasonably feared for her physical safety and that respondent represented a credible threat to petitioner’s physical safety.” Affirmed.
Court: Oregon Court of Appeals, Judge: Hellman, Filed On: July 26, 2023, Case #: A179604, Categories: Family Law
J. Hellman finds the trial court properly denied a couple’s motion for summary judgment on their counterclaims for breach of the easement agreement and declaratory relief and properly granted an individual's cross-motion for summary judgment in a mutual easement agreement case. “There was no genuine issue of material fact as to the meaning of the easement agreement.” Affirmed.
Court: Oregon Court of Appeals, Judge: Hellman, Filed On: July 12, 2023, Case #: A177265, Categories: Property