53 results for 'judge:"Lagesen"'.
J. Lagesen finds the trial court erred by civilly committing appellant on the ground that he is unable to provide for his basic needs. “At the time of the purported waiver, counsel had not yet advised appellant of his right to appeal.” Reversed.
Court: Oregon Court of Appeals, Judge: Lagesen, Filed On: November 1, 2023, Case #: A180155, Categories: Commitment
J. Lagesen finds the Land Use Board of Appeals properly affirmed Yamhill County’s conclusion that an ordinance required a company to obtain an extension of its conditional use permit to continue developing its solar farm project. “The county’s common-law vesting analysis was collateral to the issue before the county.” Affirmed.
Court: Oregon Court of Appeals, Judge: Lagesen, Filed On: October 11, 2023, Case #: A181678, Categories: Property
J. Lagesen finds the trial court properly dismissed negligence claims by a firefighter who was severely injured while fighting the Sugar Pine Fire when his dozer went over a cliff. Because the firefighter "has a remedy for an injury under the Workers’ Compensation Act, the application to preclude tort remedies against third-party state employees does not violate the remedy clause.”
Court: Oregon Court of Appeals, Judge: Lagesen, Filed On: October 4, 2023, Case #: A174313, Categories: Employment, Negligence, Workers' Compensation
J. Lagesen finds the trial court properly committed appellant on the ground that he is dangerous to others and prohibited him from possessing a firearm. “It is not obvious that the citation was not served on appellant as required.” Affirmed.
Court: Oregon Court of Appeals, Judge: Lagesen, Filed On: October 4, 2023, Case #: A179346, Categories: Commitment, Firearms
J. Lagesen finds the post-conviction court properly denied relief to defendant in a way that does not violate his due process rights. “No source of federal law…requires the state to allow a petitioner to challenge convictions, no matter how old, on the ground that they were rendered by nonunanimous verdicts.” Affirmed.
Court: Oregon Court of Appeals, Judge: Lagesen, Filed On: October 4, 2023, Case #: A177644, Categories: Sentencing, Due Process
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J. Lagesen finds the juvenile court properly denied foster parents’ motion to intervene in a juvenile dependency case subject to ICWA and ORICWA. The foster parents have not “demonstrated that they satisfied the criteria for intervention.” Affirmed.
Court: Oregon Court of Appeals, Judge: Lagesen, Filed On: September 27, 2023, Case #: A180340, Categories: Family Law
J. Lagesen finds the juvenile court properly added six additional bases for dependency jurisdiction over a father’s son. “Father’s assignments of error are not preserved, and the alleged errors are not plain.” Affirmed.
Court: Oregon Court of Appeals, Judge: Lagesen, Filed On: September 20, 2023, Case #: A180786, Categories: Family Law
J. Lagesen finds the juvenile court properly terminated a father’s parental rights to his seven-year-old son. “It is improbable that [the child] can be reintegrated into father’s home within a reasonable time given [the child’s] exceptionally high needs and the caregiving skills that will be required to meet them.” Affirmed.
Court: Oregon Court of Appeals, Judge: Lagesen, Filed On: September 20, 2023, Case #: A180722, Categories: Family Law
J. Lagesen finds the sentencing court properly denied post-conviction relief to defendant, convicted of second-degree assault, failure to perform the duties of a driver to injured persons and unauthorized use of a motor vehicle. “Trial counsel’s approach accorded with petitioner’s wishes, even though counsel had advised otherwise.” Affirmed.
Court: Oregon Court of Appeals, Judge: Lagesen, Filed On: September 13, 2023, Case #: A177450, Categories: Sentencing, Assault
J. Lagesen finds the trial court properly ruled that as part of a settlement of a federal habeas corpus case, defendant waived the right to file post-conviction proceedings challenging his convictions. “Petitioner’s waiver bars him from pursuing this post-conviction relief.” Affirmed.
Court: Oregon Court of Appeals, Judge: Lagesen, Filed On: September 13, 2023, Case #: A176748, Categories: Habeas, Sentencing
J. Lagesen finds the juvenile court properly terminated a father’s parental rights after finding him unfit. The father has made “insufficient progress in addressing his ongoing substance abuse issues” and has no plan for the child’s reintegration into his care. Affirmed.
Court: Oregon Court of Appeals, Judge: Lagesen, Filed On: September 7, 2023, Case #: A179555, Categories: Family Law
J. Lagesen finds the trial court erred in committed a woman against her will. “The record contains no evidence that the citation was provided to appellant before the hearing or that appellant’s appointed counsel met with appellant in advance of the hearing.” Reversed.
Court: Oregon Court of Appeals, Judge: Lagesen, Filed On: August 23, 2023, Case #: A177184, Categories: Evidence, Commitment
J. Lagesen finds the trial court erred in failing to suppress evidence found on defendant’s electronic devices that led to his first-degree sexual abuse conviction. There is no evidence in the affidavit supporting the warrant that defendant used other devices to take photographs or transferred photographs to them. Reversed.
Court: Oregon Court of Appeals, Judge: Lagesen, Filed On: August 23, 2023, Case #: A175596, Categories: Evidence, Sex Offender
J. Lagesen finds the trial court erred in order continuing a Family Abuse and Prevention Act (FAPA) restraining order that prohibits her from contact with her older sister. “While demonstrating that respondent brutally assaulted petitioner while intoxicated, [the facts] are not sufficient to support a determination that respondent, at the time of the continuation hearing, posed a credible threat to petitioner’s physical safety.” Reversed.
Court: Oregon Court of Appeals, Judge: Lagesen, Filed On: July 26, 2023, Case #: A178723, Categories: Restraining Order
J. Lagesen finds the juvenile court properly terminated a mother’s parental rights after finding her to be unfit. The evidence shows the mother has not adequately addressed "ongoing substance abuse issues" and has not made progress toward "securing a safe, stable living situation for (child).” Affirmed.
Court: Oregon Court of Appeals, Judge: Lagesen, Filed On: July 19, 2023, Case #: A179557, Categories: Evidence, Family Law
J. Lagesen finds the trial court erred by ruling that defendant’s 90-month mandatory sentence for setting fire to an occupied apartment building was unconstitutionally disproportionate. “This case does not present ‘the rare circumstances’ in which the legislatively prescribed sentence for defendant’s conviction contravenes the Article I, section 16, proportionality requirement.” Reversed.
Court: Oregon Court of Appeals, Judge: Lagesen, Filed On: June 28, 2023, Case #: A173971, Categories: Sentencing, Arson
J. Lagesen allows reconsideration in State v. Halvorson in a dispute over attorney fees. “Although defendant’s concession is noted in our earlier decision, State v. Halvorson…it was not clearly acknowledged in our Halvorson II disposition.”
Court: Oregon Court of Appeals, Judge: Lagesen, Filed On: June 28, 2023, Case #: A169687, Categories: Attorney Fees
J. Lagesen corrects two factual errors in the record but adheres to the Appeals Court’s finding concerning a decision to eliminate a summer steelhead hatchery in the North Umpqua fish management area. “Our mistaken conflation of the number of hatcheries with the number of hatchery programs in those portions of our discussion does not alter our ultimate legal conclusion: That the decision to end the hatchery program was not an amendment to a rule.”
Court: Oregon Court of Appeals, Judge: Lagesen, Filed On: June 1, 2023, Case #: N011096, Categories: Water