737 results for 'court:"Oregon Court of Appeals"'.
Per curiam, the Appeals Court affirms the juvenile court’s determination that a father is unfit. “Father suffers from various conditions and has engaged in conduct that is seriously detrimental to [the child].” Affirmed.
Court: Oregon Court of Appeals, Judge: Per curiam, Filed On: April 17, 2024, Case #: A182441, Categories: Family Law
J. Ortega finds the trial court erred in dismissing an employee's claims of unlawful employment discrimination and whistleblowing. “There is a genuine issue of material fact as to whether plaintiff’s protected activity was a substantial factor in defendant’s decision to terminate his employment.” Reversed.
Court: Oregon Court of Appeals, Judge: Ortega, Filed On: April 17, 2024, Case #: A177073, Categories: Employment, Whistleblowers
J. Egan finds the trial court properly convicted defendant, after a jury trial, for 30 sexual offenses committed against his stepson. “Because the jury heard evidence of other crimes, the prosecutor had reason to ensure that the jury found defendant guilty on each count based on the evidence that corresponded with each charge.” Affirmed.
Court: Oregon Court of Appeals, Judge: Egan, Filed On: April 17, 2024, Case #: A177520, Categories: Evidence, Sex Offender, Child Victims
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J. Egan finds the trial court erred in convicting defendant of murder after prosecutorial misstatements. “Prosecutor’s argument during his rebuttal both misstated the burden of proof and encouraged the jury to decide the case with reference to impermissible character-based reasoning that directed the jury ‘away from the facts [and] toward emotion.’” Reversed.
Court: Oregon Court of Appeals, Judge: Egan, Filed On: April 17, 2024, Case #: A178335, Categories: Murder, Prosecutorial Misconduct
J. Aoyagi finds the trial court erred in finding defendants’ status as medical or pharmaceutical providers insulated them from the general obligation to avoid creating foreseeable risks of physical harm to others. “Defendants allegedly breached their statutory standards of care to their patient.” Reversed.
Court: Oregon Court of Appeals, Judge: Aoyagi, Filed On: April 10, 2024, Case #: A176439, Categories: Negligence, Medical Malpractice
J. Lagesen finds the trial court properly dismissed a habeas corpus proceeding in which defendant sought a remedy for, among other things, alleged violations of his constitutional rights with respect to his legal mail. The court “was persuaded that, as of the time of the hearing, the mail issue was not ongoing.” Affirmed.
Court: Oregon Court of Appeals, Judge: Lagesen, Filed On: April 10, 2024, Case #: A179702, Categories: Habeas, Prisoners' Rights
J. Shorr finds the trial court properly imposed a 60-month durational departure sentence. “The court would be almost certain to impose the same sentence on remand in light of that history and the court’s comments at sentencing.” Affirmed.
Court: Oregon Court of Appeals, Judge: Shorr, Filed On: April 10, 2024, Case #: A179546, Categories: Sentencing, Menacing
J. Aoyagi finds the trial court properly questioned three prospective jurors. “The question is not whether the court handled voir dire perfectly, but whether its conduct was so prejudicial as to deny defendant a fair trial. It was not.” Affirmed.
Court: Oregon Court of Appeals, Judge: Aoyagi, Filed On: April 10, 2024, Case #: A177035, Categories: Drug Offender, Jury
J. Lagesen finds the court properly denied a petition for post-conviction relief from convictions resulting from no contest pleas. “The post-conviction court found petitioner not credible in her assertion that she would have rejected the plea deal had counsel provided different advice.” Affirmed.
Court: Oregon Court of Appeals, Judge: Lagesen, Filed On: April 10, 2024, Case #: A179628, Categories: Ineffective Assistance, Sentencing
J. Shorr finds the trial court properly imposed restitution. “It is not plain that a trial court would err if it treated the stipulation as having at least the same effect as an admission to the criminal conduct that led to the victim’s damages.” Affirmed.
Court: Oregon Court of Appeals, Judge: Shorr, Filed On: April 10, 2024, Case #: A179565, Categories: Restitution
J. Pagan finds the trial court plainly erred by not instructing the jury that it must find a culpable mental state for the physical injury element of second-degree assault. The given instruction “did not state that a defendant must knowingly engage in assaultive conduct…[and] must be at least criminally negligent with respect to causing injury.” Reversed.
Court: Oregon Court of Appeals, Judge: Pagan, Filed On: April 3, 2024, Case #: A177094, Categories: Assault, Jury Instructions
J. Shorr finds the trial court properly committed an individual. “There was evidence…that appellant was not willing and able to engage in voluntary treatment and that appellant did not meet her burden of proof to prove otherwise.” Affirmed.
Court: Oregon Court of Appeals, Judge: Shorr, Filed On: April 3, 2024, Case #: A178750, Categories: Evidence, Commitment
J. Pagan finds the trial court properly committed an individual. “Appellant’s doctor testified that appellant’s pattern of behavior caused by her psychosis leading up to and once inside the hospital, without intervention and redirection by trained staff, was very likely to result in future violence.” Affirmed.
Court: Oregon Court of Appeals, Judge: Pagan, Filed On: April 3, 2024, Case #: A178625, Categories: Evidence, Commitment
J. Mooney finds the trial court properly admitted a photograph allegedly showing defendant signed a U-Haul contract. “Exclusion of the duplicate solely because defendant denied that she signed it would have removed that evidence from the jury’s consideration, essentially usurping the jury’s role and weighing that piece of evidence for them.” Affirmed.
Court: Oregon Court of Appeals, Judge: Mooney, Filed On: April 3, 2024, Case #: A177721, Categories: Evidence, Vehicle
J. Mooney finds the juvenile court erred in changing the permanency plan for father’s son from reunification to adoption. “There was no evidence presented of any effort made by DHS to assist father with his impulse control issues, or to better understand [the child’s] emotional needs and build trust with him.” Reversed.
Court: Oregon Court of Appeals, Judge: Mooney, Filed On: April 3, 2024, Case #: A182039, Categories: Evidence, Family Law
J. Aoyagi finds the circuit court properly affirmed county code infractions that prohibit an individual from owning an animal for five years. “Plaintiff has not identified any permissible review function that has been hindered by the hearing officer’s failure to explain her penalty choice.” Affirmed.
Court: Oregon Court of Appeals, Judge: Aoyagi, Filed On: April 3, 2024, Case #: A180356, Categories: Animal Cruelty
J. Tookey finds the Employment Relations Board (ERB) properly dismissed an employee's claim of an unfair labor practice against his employer. The employee failed to raise proper assignments of error. Affirmed.
Court: Oregon Court of Appeals, Judge: Tookey, Filed On: March 27, 2024, Case #: A179566, Categories: Labor / Unions