54 results for 'judge:"Shorr"'.
J. Shorr finds the trial court erred in ruling that DHS’s final order, including a founded disposition of physical abuse by petitioner of his daughter, was not supported by substantial evidence. “There is substantial evidence in the record to support DHS’s ‘founded’ determination… and (the) court’s stated concerns about DHS’s investigation do not affect that conclusion.” Reversed.
Court: Oregon Court of Appeals, Judge: Shorr, Filed On: January 4, 2024, Case #: A179179, Categories: Family Law
J. Shorr finds the trial court erred in dismissing a subcontractor's lien foreclosure claim because the construction work invoices were due and the contractor failed to pay. “Defendant’s check was improperly conditioned on plaintiff’s potential release of a construction lien for plaintiff’s work on defendant’s property for which plaintiff had not yet been paid.” Reversed.
Court: Oregon Court of Appeals, Judge: Shorr, Filed On: December 6, 2023, Case #: A176707, Categories: Contract
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Shorr finds the trial court properly admitted expert testimony describing defendant’s past conduct that helped convict defendant of harassment. “That evidence is relevant to the expert’s opinion and its probative value is not substantially outweighed by the danger of unfair prejudice.” Affirmed.
Court: Oregon Court of Appeals, Judge: Shorr, Filed On: November 15, 2023, Case #: A176222, Categories: Evidence, Harassment
J. Shorr finds the Oregon Water Resources Commission properly denied the East Valley Water District’s application for a permit allowing storage in a reservoir of 12,000 acre-feet of water annually from Drift Creek. “The proposed reservoir and resulting inundation of the creek would conflict with the habitat needs of cutthroat trout, and the beneficial purpose of the instream water right would be frustrated.” Affirmed.
Court: Oregon Court of Appeals, Judge: Shorr, Filed On: November 1, 2023, Case #: A173292, Categories: Water
J. Shorr finds the trial court erroneously denied defendant’s motion for acquittal because the state failed to provide sufficient evidence to prove that defendant took a “substantial step” towards the commission of the crime of escape. “The evidence…is simply insufficient to strongly corroborate that, beyond a reasonable doubt, defendant was attempting to escape custody.” Reversed.
Court: Oregon Court of Appeals, Judge: Shorr, Filed On: October 18, 2023, Case #: A176652, Categories: Evidence, Escape
J. Shorr finds the trial court properly denied a timber company’s petition for a statutory way of necessity over state-owned land and awarding attorney fees to the Department of Forestry. “Based on the record, the trial court could reasonably conclude that defendant articulated a reasoned explanation for withholding consent to the petition, and thus did not act arbitrarily and capriciously as a matter of law.”
Court: Oregon Court of Appeals, Judge: Shorr, Filed On: September 27, 2023, Case #: A167397, Categories: Property, Attorney Fees
J. Shorr finds the juvenile court properly terminated a mother’s parental rights to her son. “DHS met its burden to prove by clear and convincing evidence that termination of mother’s parental rights is in [the child’s] best interest.” Affirmed.
Court: Oregon Court of Appeals, Judge: Shorr, Filed On: September 27, 2023, Case #: A180724, Categories: Family Law
J. Shorr finds the trial court properly declined to suppress evidence of defendant’s blood-alcohol content (BAC), obtained through an unwarranted forensic blood draw, that was used to help convict him of manslaughter and assault. The trial court’s judgment was “justified by exigent circumstances.” Affirmed.
Court: Oregon Court of Appeals, Judge: Shorr, Filed On: September 27, 2023, Case #: A175345, Categories: Evidence, Manslaughter
J. Shorr finds the trial court properly denied defendant’s motion for judgment of acquittal on stalking and telephone harassment charges. “The contacts were not protected expressions” and “the state’s evidence was sufficient to satisfy the Rangel standard.” Affirmed.
Court: Oregon Court of Appeals, Judge: Shorr, Filed On: September 27, 2023, Case #: A175405, Categories: Constitution, Harassment
J. Shorr finds the trial court erred by granting summary judgment to a homeowners association after residents alleged that the HOA discriminated against them due to their disabilities by withholding or revoking keyed access to a community well, and that the HOA’s conduct in withholding well access, as well as other alleged incidents, constituted IIED. “A court is not empowered to grant summary judgment on an issue that is not raised by the moving party’s motion.” Reversed.
Court: Oregon Court of Appeals, Judge: Shorr, Filed On: September 13, 2023, Case #: A176668, Categories: Landlord Tenant
J. Shorr finds the Land Conservation and Development Commission (LCDC) erred in denying a landowner’s petition for an enforcement order related to IGAs among various public agencies. “Even if a government decision does not meet the statutory test for being a ‘land use decision’ under the significant impact test, a government decision that has a ‘significant impact on present or future land use’ is a land use decision.”
Court: Oregon Court of Appeals, Judge: Shorr, Filed On: September 7, 2023, Case #: A175549, Categories: Government, Property
J. Shorr finds the juvenile court properly changed the permanency plan for a mother’s three children from reunification to durable guardianship. The mother denies any mental health or substance abuse issues despite “strong evidence to the contrary.” Affirmed.
Court: Oregon Court of Appeals, Judge: Shorr, Filed On: September 7, 2023, Case #: A180020, Categories: Family Law
J. Shorr finds the trial court properly denied a buyer's petition to vacate an arbitration award in favor of a real estate development company and, instead, confirmed the arbitration award. The trial court “concluded that the implications of the newly discovered evidence were ambiguous and that the arbitration decision was not procured by fraud or other undue means.” Affirmed
Court: Oregon Court of Appeals, Judge: Shorr, Filed On: August 16, 2023, Case #: A177019, Categories: Arbitration
J. Shorr finds the trial court erred in admitting evidence obtained from defendant’s digital devices that led to his murder conviction because the warrant was not sufficiently particular. The state concedes the error. Reversed.
Court: Oregon Court of Appeals, Judge: Shorr, Filed On: August 16, 2023, Case #: A173326, Categories: Evidence, Murder
J. Shorr finds the trial court properly required defendant and all other courtroom participants to wear a mask during the pandemic if they could not provide proof of vaccination. “The witnesses who testified against defendant did so in his presence and in the presence of the jury, where they were under oath and subject to cross-examination. No element of the right to confrontation promises the defendant that his entire face will be literally seen or requires the witness or others to observe the same.” Affirmed.
Court: Oregon Court of Appeals, Judge: Shorr, Filed On: July 6, 2023, Case #: A176458, Categories: Confrontation, Dui