84 results for 'judge:"Powers"'.
J. Powers finds that the lower court properly convicted defendant based on her guilty plea to assault for stabbing her paramour in a home where children were present. Defendant, who is not a U.S. citizen, contends her plea was involuntary since she had not been informed of the potential immigration implications, but the record indicates the issue had been addressed. Affirmed.
Court: New York Appellate Divisions, Judge: Powers, Filed On: November 2, 2023, Case #: 112749, Categories: Immigration, Assault, Plea
J. Powers finds that the lower court properly convicted defendant of rape, criminal sexual act, and possessing a sexual performance by a child for having sexual contact with a 15-year-old girl. The court did not abuse its discretion in questioning the jury pool about allegations that defendant's wife had been heard saying "he must be guilty" during a break in jury selection because no individual had been identified, and defendant had not exercised a peremptory juror challenge. Affirmed.
Court: New York Appellate Divisions, Judge: Powers, Filed On: October 26, 2023, Case #: 113114, Categories: Jury, Sex Offender
J. Powers finds that the lower court properly held a father in willful violation of a child custody and visitation order in which he shared equal parenting time with the mother. The father contends he failed to return the child because he was under quarantine for Covid-19 exposure, but he failed to justify why he also quarantined the child. Meanwhile, awarding sole legal and primary physical custody to the mother served the child's best interests since custody exchanges that occurred at a fast-food restaurant had become so acrimonious that police often had to be called to the scene. Affirmed.
Court: New York Appellate Divisions, Judge: Powers, Filed On: October 19, 2023, Case #: CV-22-2111, Categories: Family Law, Covid-19
J. Powers finds the juvenile court properly committed an individual to the legal custody of the Oregon Youth Authority with a recommendation for placement in a youth correctional facility. “The court found that youth suffered from a serious, polysubstance drug problem and that youth had run away from less secure placements in the past.” Affirmed.
Court: Oregon Court of Appeals, Judge: Powers, Filed On: October 11, 2023, Case #: A176293, Categories: Commitment
J. Powers finds the juvenile court erred in increasing a father’s monthly child support obligation. “The record lacks sufficient evidence to support the court’s attribution to father of a present, nonspeculative earning capacity of $12,500 per month.” Reversed.
Court: Oregon Court of Appeals, Judge: Powers, Filed On: October 11, 2023, Case #: A178935, Categories: Family Law
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J. Powers finds the trial court erred by failing to sua sponte strike testimony by the officer as impermissible vouching in a case where defendant was found guilty after a bench trial of second-degree robbery. “We are unpersuaded that, even if the trial court committed plain error…the gravity of the error, the ends of justice, or some other relevant consideration warrants exercising our discretion to correct the error.” Affirmed.
Court: Oregon Court of Appeals, Judge: Powers, Filed On: October 11, 2023, Case #: A173795, Categories: Evidence, Robbery
J. Powers finds that the lower court properly convicted defendant based on his guilty plea to selling drugs. Defendant contends counsel was ineffective for assuring he would be permitted to participate in a drug court treatment program, but the issue had been raised and rejected in his postconviction request to vacate. Affirmed.
Court: New York Appellate Divisions, Judge: Powers, Filed On: October 5, 2023, Case #: 112291, Categories: Drug Offender, Ineffective Assistance
J. Powers finds the trial court properly committed an individual and prohibited him from purchasing or possessing firearms after determining he was a person with mental illness that made him a danger to others. “There is sufficient evidence to support the court’s determination that appellant was a danger to others.” Affirmed.
Court: Oregon Court of Appeals, Judge: Powers, Filed On: September 27, 2023, Case #: A178140, Categories: Commitment, Firearms
J. Powers finds the trial court properly convicted defendant of running a red light based on a photo red light camera. The law “sets out conditions precedent for the issuance of a citation, and the appropriate way to challenge the existence of those conditions is with a pretrial motion.” Affirmed.
Court: Oregon Court of Appeals, Judge: Powers, Filed On: September 20, 2023, Case #: A179312, Categories: Intent
J. Powers finds the Director of the Department of Consumer and Business Services properly affirmed the Workers’ Compensation Division’s nonsubjectivity determination that an individual was not a subject worker. Evidence “supports the director’s factual finding that RDC did not remunerate claimant.” Affirmed.
Court: Oregon Court of Appeals, Judge: Powers, Filed On: August 30, 2023, Case #: A178587, Categories: Enforcement Of Judgments
J. Powers finds the trial court properly approved a foreclosure. The law “does not bar subsequent foreclosures on a property pursuant to a trust deed that is not extinguished by the prior foreclosure.” Affirmed.
Court: Oregon Court of Appeals, Judge: Powers, Filed On: August 9, 2023, Case #: A175707, Categories: Foreclosure
J. Powers finds the juvenile court erred by dismissing a petition for adoption of a mother’s birth daughter by her husband, the child’s stepfather, who died during the pendency of this action. When a petitioner dies, “the adoption petition does not automatically abate.” Reversed.
Court: Oregon Court of Appeals, Judge: Powers, Filed On: July 26, 2023, Case #: A176866, Categories: Family Law
J. Powers finds the Employment Appeals Board properly affirmed a worker’s disqualification from unemployment benefits on the ground that she voluntarily quit work without good cause. “There is substantial evidence in the record to support the board’s findings.” Affirmed.
Court: Oregon Court of Appeals, Judge: Powers, Filed On: July 26, 2023, Case #: A177457, Categories: Employment
J. Powers finds the trial court erred by issuing a judgment convicting defendant of two counts of first-degree assault and two counts of attempted first-degree assault for firing a handgun at a vehicle with four passengers, injuring two of them. “The court erred by failing to engage in OEC 403 balancing.” Reversed.
Court: Oregon Court of Appeals, Judge: Powers, Filed On: July 26, 2023, Case #: A175787, Categories: Firearms, Assault
J. Powers finds the juvenile court properly asserted jurisdiction over a five-month-old child. “The record is legally sufficient to permit the court’s determination that the allegations above were proven by a preponderance of the evidence, interfered with mother’s ability to safely parent, and endangered A’s welfare.” Affirmed.
Court: Oregon Court of Appeals, Judge: Powers, Filed On: July 12, 2023, Case #: A179820, Categories: Family Law
J. Powers finds the Oregon Board of Psychology properly concluded that a California psychologist practiced in Oregon without a license when he authored a psychological report provided to individuals in Oregon. “Petitioner’s report meets the definition of rendering ‘evaluation’ services to individuals.” Affirmed.
Court: Oregon Court of Appeals, Judge: Powers, Filed On: July 12, 2023, Case #: A176119, Categories: Medical Malpractice
J. Powers finds the juvenile court erred when it applied an incorrect legal standard to determine witness competence. “The state had the burden to prove that [the witness] had sufficient ability to perceive, recollect, and communicate about those events so that it was worthwhile for [the witness] to testify.” Reversed.
Court: Oregon Court of Appeals, Judge: Powers, Filed On: June 28, 2023, Case #: A175034, Categories: Competence, Sex Offender, Witnesses