42 results for 'judge:"Pagan"'.
J. Pagan finds the trial court erred by determining that a discovery letter, when considered in the context of other information, provided sufficient notice. “Defendant’s presumed awareness of the state’s intention to rely on the interviews did not relieve state of its express statutory obligation to provide timely notice of the state’s intention to offer the statement and the particulars of the statement.” Reversed.
Court: Oregon Court of Appeals, Judge: Pagan, Filed On: September 27, 2023, Case #: A174920, Categories: Evidence
J. Pagan finds the parole board properly denied effort by defendant, who was convicted of aggravated murder, to convert his confinement to life imprisonment with the possibility of parole. “The board’s order is supported by substantial evidence and substantial reason.” Affirmed.
Court: Oregon Court of Appeals, Judge: Pagan, Filed On: September 27, 2023, Case #: A177497, Categories: Evidence, Murder, Parole
J. Pagan finds the trial court properly declined to declare a mistrial. The trial court “did not implore or pressure the jury to reach a verdict, it did not encourage any jurors to reconsider their positions, and the trial court said nothing about avoiding the time and expense of a retrial.” Affirmed.
Court: Oregon Court of Appeals, Judge: Pagan, Filed On: September 13, 2023, Case #: A176091, Categories: Judiciary
J. Pagan finds the juvenile court properly asserted jurisdiction over two children on the additional basis that the mother suffers from mental health problems. “The record was legally sufficient for the juvenile court to find that mother’s mental health problems provided an additional basis for jurisdiction over both children.” Affirmed.
Court: Oregon Court of Appeals, Judge: Pagan, Filed On: August 16, 2023, Case #: A179626, Categories: Juvenile Law
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J. Pagan finds the trial court properly denied an insured's motion for summary judgment after concluding that the insurance policy’s Governmental Action Exclusion applied, and that the cause of the insured's loss of revenue was an executive order related to the Covid-19 pandemic issued by the Governor of Oregon. Affirmed.
Court: Oregon Court of Appeals, Judge: Pagan, Filed On: August 16, 2023, Case #: A176901, Categories: Insurance
J. Pagan finds the juvenile court properly determined that DHS has made active efforts to help reunify two Indian children with their mother before the court the children’s permanency plans to tribal customary adoption. “Given the numerous services offered to mother, there is ample support for the juvenile court’s determination.” Affirmed.
Court: Oregon Court of Appeals, Judge: Pagan, Filed On: June 14, 2023, Case #: A179411, Categories: Family Law