737 results for 'court:"Oregon Court of Appeals"'.
J. Kamins finds the trial court erred by accepting improper prosecutorial statements. “Because the presumption of innocence is ‘fundamental to the American justice system,’ the misstatements were made at the end of rebuttal, and the prosecutor compounded the error by arguing that the state is also entitled to due process.” Reversed.
Court: Oregon Court of Appeals, Judge: Kamins, Filed On: June 7, 2023, Case #: A175803, Categories: Prosecutorial Misconduct
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J. Aoyagi finds the Land Use Board of Appeals (LUBA) properly denied an application for design review of a proposed development. “The city’s interpretation of the avoid-monotony and view-impact standards were implausible.” Affirmed.
Court: Oregon Court of Appeals, Judge: Aoyagi, Filed On: June 7, 2023, Case #: A180520, Categories: Property
J. Joyce finds the trial court properly declined to acquit defendant who was convicted as a felon with a firearm even though the charge was nonviolent. Considering the Second Amendment, “it was generally understood that those who were not ‘virtuous and law abiding' fell outside the [amendment’s] protections.” Affirmed.
Court: Oregon Court of Appeals, Judge: Joyce, Filed On: June 7, 2023, Case #: A174543, Categories: Firearms
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
J. Ortega finds the juvenile court properly ruled that the Department of Human Services failed to prove the mother was unfit to parent her three children. While the mother's "longstanding conduct of emotional dysregulation in front of -- and at times toward -- her children is harmful, under these circumstances -- and on this record -- it does not present a risk of the type of seriously detrimental harm to the children that justifies or requires termination of mother's parental rights." Affirmed.
Court: Oregon Court of Appeals, Judge: Ortega, Filed On: May 24, 2023, Case #: A178519, Categories: Family Law
J. Ortega finds the trial court properly determined that there was sufficient evidence to convict defendant of five counts of first-degree sexual abuse of an 8-year-old girl. “A rational trier of fact could find that defendant caused the victim to engage in sexually explicit conduct 'for' defendant to observe her as a masturbatory stimulus and therefore that there was sufficient evidence to support a conviction on each of the display counts.” Affirmed.
Court: Oregon Court of Appeals, Judge: Ortega, Filed On: May 24, 2023, Case #: A174153, Categories: Evidence, Sex Offender, Child Victims
J. Mooney finds, on remand from the Supreme Court, that the trial court properly convicted defendant of criminal negligence. “The evidence was legally sufficient to support a finding that defendant acted with criminal negligence with respect to the amount-of-damage element of first-degree criminal mischief.” Affirmed.
Court: Oregon Court of Appeals, Judge: Mooney, Filed On: May 24, 2023, Case #: A171443, Categories: Evidence, Criminal Negligence