71 results for 'judge:"Kamins"'.
J. Kamins finds the juvenile court properly ruled that the Department of Human Services made reasonable efforts to reunify a mother with her daughters. “DHS made reasonable efforts towards reunification.” Affirmed.
Court: Oregon Court of Appeals, Judge: Kamins, Filed On: November 8, 2023, Case #: A181189, Categories: Family Law
J. Kamins finds the juvenile court properly adopted and implemented a Tribal Customary Adoptive Agreement involving a mother’s two children. “Mother’s rights were not substantially affected.” Affirmed.
Court: Oregon Court of Appeals, Judge: Kamins, Filed On: November 8, 2023, Case #: A181037, Categories: Family Law
J. Kamins affirms the validity of a provision of the Secretary of State’s “County, City, and District Initiative and Referendum Manual” that sets forth the statutorily mandated signature requirements for certain areas. OAR 165-014-0005(3) held valid.
Court: Oregon Court of Appeals, Judge: Kamins, Filed On: November 1, 2023, Case #: A179573, Categories: Civil Procedure
J. Kamins finds the juvenile court properly found a father in remedial contempt and subsequently issued two supplemental judgments awarding the mother attorney fees. “There is evidence that father intentionally hindered reunification efforts ordered by the court.” Affirmed.
Court: Oregon Court of Appeals, Judge: Kamins, Filed On: November 1, 2023, Case #: A177260, Categories: Family Law
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J. Kamins finds the trial court properly admitted testimony describing a three-year-old sexual abuse victim’s statements to his parents and to a physician during a medical examination conducted shortly after the sexual abuse. The child’s statements to the doctor “were duplicative of and corroborated by his identical statements to his parents, who described the statements at trial without objection.” Affirmed.
Court: Oregon Court of Appeals, Judge: Kamins, Filed On: October 4, 2023, Case #: A177244, Categories: Evidence, Sex Offender, Child Victims
J. Kamins finds the trial court properly denied defendant’s motion for judgment of acquittal on the menacing charge against his 78-year-old grandmother. “A person in the position of defendant’s grandmother would have feared imminent serious physical injury.” Affirmed.
Court: Oregon Court of Appeals, Judge: Kamins, Filed On: October 4, 2023, Case #: A177782, Categories: Menacing, Elder Abuse
J. Kamins finds LUBA properly determined that it did not have jurisdiction to review petitioner’s vacation because it was not a “land use decision.” “LUBA did not err in concluding that that impact…does not amount to a ‘significant’ one under the legal test.” Affirmed.
Court: Oregon Court of Appeals, Judge: Kamins, Filed On: October 4, 2023, Case #: A181308, Categories: Property
J. Kamins finds the trial court properly entered a partial judgment in favor of the Oregon Department of Transportation (ODOT) against an insurance company seeking to establish the insurer’s duty to pay ODOT’s defense costs in litigation by the Environmental Protection Agency (EPA) relating to the cleanup of environmental contamination at the Portland Harbor Superfund site. “Because the EPA alleges damages on account of property damage reasonably subject to coverage under the policy, the trial court correctly held that [the insurer] has a duty to defend the entire action.” Affirmed.
Court: Oregon Court of Appeals, Judge: Kamins, Filed On: September 13, 2023, Case #: A175985, Categories: Insurance
J. Kamins finds the juvenile court properly terminated a father’s parental rights to his daughter. “Father has regularly failed to complete a full series of classes and has repeatedly demonstrated an inability to understand and attend to [child’s] needs.” Affirmed.
Court: Oregon Court of Appeals, Judge: Kamins, Filed On: September 13, 2023, Case #: A180988, Categories: Family Law
J. Kamins finds the sentencing court properly denied post-conviction relief to defendant, convicted of burglary, theft, criminal mischief and unlawful possession of methamphetamine. Mandell v. Miller. Affirmed.
Court: Oregon Court of Appeals, Judge: Kamins, Filed On: September 13, 2023, Case #: A177238, Categories: Burglary, Drug Offender, Sentencing
J. Kamins finds the trial court properly denied post-conviction relief for defendant, convicted of coercion, harassment and numerous other crimes against his wife in 2010. New evidence “does not undermine the finding that petitioner injured the victim nor that those injuries were ‘serious’ for purposes of the crime of assault, which does not require long-term disability.” Affirmed.
Court: Oregon Court of Appeals, Judge: Kamins, Filed On: September 13, 2023, Case #: A177335, Categories: Sentencing, Assault, Harassment
J. Kamins finds the trial court erred in denying post-conviction relief on petitioner’s claim that trial counsel was inadequate. “Counsel for petitioner was deficient in failing to present any mitigating evidence at petitioner’s sentencing hearing and because that deficiency tended to affect petitioner’s sentence.”
Court: Oregon Court of Appeals, Judge: Kamins, Filed On: August 30, 2023, Case #: A176246, Categories: Ineffective Assistance, Sentencing
J. Kamins finds the Department of Human Services properly issued an amended a final order determining a personal support worker abused the victim by wrongful restraint. The order “is supported by substantial evidence.” Affirmed.
Court: Oregon Court of Appeals, Judge: Kamins, Filed On: July 19, 2023, Case #: A178288, Categories: Evidence, Elder Abuse
J. Kamins finds the Employment Relations Board properly ruled that the University of Oregon violated the duty to bargain in good faith with the union that sought information regarding complaints made by the employees it represents. The University violated the duty by "redacting, and thereby withholding from [the Union], objective, factual information, including statements by bargaining unit employees concerning workplace complaints." Affirmed.
Court: Oregon Court of Appeals, Judge: Kamins, Filed On: July 19, 2023, Case #: A177809, Categories: Administrative Law, Employment, Labor
J. Kamins finds the trial court properly committed the individual to the jurisdiction of the Psychiatric Security Review Board for up to 24 months. There is sufficient evidence that the individual is "extremely dangerous." Affirmed.
Court: Oregon Court of Appeals, Judge: Kamins, Filed On: July 19, 2023, Case #: A178707, Categories: Evidence, Commitment
J. Kamins finds the post conviction court erred in denying defendant’s standalone claim that his sentence was based on nonunanimous jury verdicts. “[T]he record indicates that the jury was not unanimous as to the burglary-subcategory findings that affected petitioner’s sentence.” Reversed in part.
Court: Oregon Court of Appeals, Judge: Kamins, Filed On: July 19, 2023, Case #: A175775, Categories: Jury, Sentencing
On remand, J. Kamins finds the trial court properly denied a new trial to a defendant convicted of fourth-degree assault. “Defendant did not argue … that applying a reckless mental state to the physical injury element is legally impermissible." Affirmed.
Court: Oregon Court of Appeals, Judge: Kamins, Filed On: July 19, 2023, Case #: A178699, Categories: Criminal Procedure, Assault
J. Kamins finds the Psychiatric Security Review Board erred in denying an individual's discharge. The Board’s “conclusion that petitioner’s dangerousness was 'because of’ his anxiety disorders is not supported by substantial evidence.” Reversed.
Court: Oregon Court of Appeals, Judge: Kamins, Filed On: July 6, 2023, Case #: A174602, Categories: Evidence, Commitment
J Kamins finds the trial court erred in admitting evidence used to convict defendant of driving while suspended. “A momentary and minor deviation over a lane line is not a violation.” Reversed.
Court: Oregon Court of Appeals, Judge: Kamins, Filed On: July 6, 2023, Case #: A176593, Categories: Evidence
J. Kamins finds the trial court properly entered an SPO against an individual. “The record was legally sufficient to permit trial court to conclude that respondent sexually abused petitioner and that she reasonably feared for her safety.” Affirmed.
Court: Oregon Court of Appeals, Judge: Kamins, Filed On: July 6, 2023, Case #: A179650, Categories: Sex Offender