127 results for 'judge:"Egan"'.
J. Egan finds the trial court properly declined to strike or instruct the jury to disregard vouching evidence admitted during the investigating officer’s testimony. “There was no indication that the state offered the detective’s statements and the video for their truth.” Affirmed.
Court: Oregon Court of Appeals, Judge: Egan, Filed On: January 24, 2024, Case #: A177905, Categories: Drug Offender, Evidence
J. Egan finds that the lower court properly classified defendant as a risk Level 3 sex offender with a sexually violent designation. The higher assignment was warranted because the "depraved nature" of his rape of a 59-year-old woman in her home was not accurately reflected in the classification guidelines, and his concurrent crimes of burglary and robbery during the incident were not addressed in his negotiated plea. Affirmed.
Court: New York Appellate Divisions, Judge: Egan, Filed On: January 18, 2024, Case #: 535479, Categories: Sex Offender, Plea
J. Egan finds that the lower court properly declined to entirely dismiss medical malpractice claims concerning treatment of a fractured wrist. Expert opinion indicated the treating physicians failed to recognize from x-rays that the fracture was healing out of alignment and failed to recommend she take a large dose of Vitamin C daily following surgery to avoid complex regional pain syndrome. Affirmed.
Court: New York Appellate Divisions, Judge: Egan, Filed On: January 11, 2024, Case #: 535997, Categories: Experts, Medical Malpractice
J. Egan finds that the lower court properly dismissed the city's attempt to penalize a lender for failing to maintain a vacant residential "zombie" property awaiting foreclosure. Squatters continued to access the home, from which an "incredible stench" emanated, but the lender offered evidence of expenditures that had been made to secure the site, which met the requirements of real property law. Since a foreclosure sale occurred during pendency, the lender no longer remained obligated to maintain the property. Affirmed.
Court: New York Appellate Divisions, Judge: Egan, Filed On: January 11, 2024, Case #: 536057, Categories: Civil Procedure, Property, Foreclosure
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J. Egan finds the trial court erred in failing to merge guilty verdicts for strangulation constituting domestic violence and fourth-degree assault constituting domestic violence. “When the element of ‘constituting domestic violence’… is established with respect to an offense, and the jury is instructed on the definition of ‘abuse’ based on domestic violence, the charged offense subsumes all of the elements of the separately charged misdemeanor assault offense.” Reversed.
Court: Oregon Court of Appeals, Judge: Egan, Filed On: January 4, 2024, Case #: A178460, Categories: Assault, Domestic Violence
J. Egan finds the trial court properly determined the evidence was sufficient to support the finding that defendant acted with criminal negligence that resulted in the death of three people. “Evidence that defendant had used his cell phone a minute-and-a-half before the crash to send photos and use an app was relevant to whether defendant was paying attention while he drove on the highway.” Affirmed.
Court: Oregon Court of Appeals, Judge: Egan, Filed On: January 4, 2024, Case #: A177428, Categories: Evidence, Negligent Homicide, Vehicular Homicide
[Consolidated.] J. Egan finds that the lower court improperly dismissed defendant's request to vacate her drug possession conviction for participating in the production of methamphetamine because defendant disclosed text messages demonstrating that assigned counsel pursued a potential sexual relationship with her, which may have influenced defense strategy.
Court: New York Appellate Divisions, Judge: Egan, Filed On: December 28, 2023, Case #: 112038, Categories: Drug Offender, Ineffective Assistance
[Consolidated.] J. Egan finds that the lower court properly terminated a mother's parental rights following a finding of permanent neglect tied to ongoing substance abuse. Her son was put in the care of a maternal great uncle and aunt soon after birth, and the mother, through interactions with caseworkers and other service providers, demonstrated that she had not corrected the behavior leading to removal. Affirmed.
Court: New York Appellate Divisions, Judge: Egan, Filed On: December 21, 2023, Case #: 533881, Categories: Family Law
J. Egan finds that the lower court properly held that a father neglected two children stemming from a domestic dispute with their mother because he put their three-week-old child at risk by taking the child into the cold night following an evening of drinking and fighting, and the older child was derivatively neglected. Affirmed.
Court: New York Appellate Divisions, Judge: Egan, Filed On: December 21, 2023, Case #: 535237, Categories: Family Law
J. Egan finds the trial court properly committed appellant and issued an order prohibiting her from possessing firearms on the basis that she has a mental disorder that makes her a danger to herself and unable to provide for her basic needs. “Due to appellant’s lack of insight, if released, appellant would continue to engage in the same behavior that had led to her recent rape and assault, therefore making it highly probable that she would suffer physical harm in the near term.” Affirmed.
Court: Oregon Court of Appeals, Judge: Egan, Filed On: December 20, 2023, Case #: A179799, Categories: Commitment
J. Egan finds that the workers' compensation board properly directed that a phlebotomist be characterized as having a mild degree of job-related, repetitive-stress disability for the purpose of awarding benefits. Medical testimony did not support her claim for consequential carpal tunnel syndrome but established right-wrist tendonitis. Affirmed.
Court: New York Appellate Divisions, Judge: Egan, Filed On: December 14, 2023, Case #: 535283, Categories: Workers' Compensation
J. Egan finds that the unemployment insurance appeal board properly held that five civil service employees who worked as instructors or supervisors at state prisons did not qualify for benefits during the first pandemic summer in 2020 because their summer work was an optional addition to the academic year, for which they were paid at an annual salary, and thus they were not totally unemployed. Since they were ineligible for benefits under state law, they did not qualify for various federal pandemic unemployment benefits, which had to be repaid. Affirmed.
Court: New York Appellate Divisions, Judge: Egan, Filed On: December 14, 2023, Case #: CV-22-2052, Categories: Employment, Insurance
J. Egan finds that the lower court improperly convicted defendant based on his guilty plea to failing to register as a sex offender. Defendant agreed to waive indictment and be prosecuted by a superior court information, but that document was not signed in open court and thus represented a jurisdictional defect surviving his guilty plea. Reversed.
Court: New York Appellate Divisions, Judge: Egan, Filed On: December 14, 2023, Case #: 112891, Categories: Criminal Procedure, Sex Offender
J. Egan finds that the lower court properly convicted defendant based on his guilty plea to attempted promoting prison contraband. Defendant challenges the decision to run the sentence consecutively to time he was already serving, but he received the minimum permissible sentence for a second felony offender. Affirmed.
Court: New York Appellate Divisions, Judge: Egan, Filed On: December 7, 2023, Case #: 112681, Categories: Sentencing
J. Egan finds that the lower court properly voided a local law setting new district boundaries for the Broome County Legislature following the 2020 U.S. Census because dividing the town of Maine among three districts violated a provision of the municipal home rule and could constitute an attempt at gerrymandering. Affirmed.
Court: New York Appellate Divisions, Judge: Egan, Filed On: November 30, 2023, Case #: CV-22-2382, Categories: Elections, Municipal Law
J. Egan finds the trial court did not plainly err when it imposed a $255 “Intoxication Conviction Fee” without considering defendant's ability to pay. “The obligation of the court is only to consider the defendant’s financial resources and the defendant’s ability to pay when imposing a fine at sentencing.” Affirmed.
Court: Oregon Court of Appeals, Judge: Egan, Filed On: November 29, 2023, Case #: A178430, Categories: Sentencing, Dui
J. Egan finds the trial court properly denied acquittal to defendant, convicted of eluding a police officer. “A rational trier of fact… could have found beyond a reasonable doubt that defendant did flee or attempt to elude a police officer.” Affirmed.
Court: Oregon Court of Appeals, Judge: Egan, Filed On: November 29, 2023, Case #: A177554, Categories: Evidence
J. Egan finds the trial court properly committed an individual as a “person with mental illness.” It was highly probable that the individual presented a danger to herself and was unable to meet her basic needs. Affirmed.
Court: Oregon Court of Appeals, Judge: Egan, Filed On: November 29, 2023, Case #: A179244, Categories: Commitment
J. Egan finds the juvenile court properly terminated a father’s parental rights to his 16-year-old daughter. “The facts of this case demonstrate…that termination of father’s parental rights is in [daughter’s] best interests.” Affirmed.
Court: Oregon Court of Appeals, Judge: Egan, Filed On: November 29, 2023, Case #: A181039, Categories: Family Law
[Consolidated.] J. Egan finds that the lower court properly granted a maternal grandfather visitation with two children because he had extensive involvement in their lives since birth. However, the court improperly delegated authority by allowing the grandfather to determine certain summer visitation dates without the mother's input. Affirmed in part.
Court: New York Appellate Divisions, Judge: Egan, Filed On: November 22, 2023, Case #: 534609, Categories: Family Law
J. Egan withholds opinion in defendant's appeal from her conviction for weapon possession, assault, and reckless endangerment stemming from a shooting in which a man had been wounded. Defendant, who left the state soon after the incident, raised speedy trial concerns in sworn affidavits contending prosecutors did not seek her return from Virginia for five years despite knowing her whereabouts.
Court: New York Appellate Divisions, Judge: Egan, Filed On: November 22, 2023, Case #: 112094, Categories: Weapons, Speedy Trial
J. Egan finds that the appellate division properly held that a local law shifting responsibility for investigating and disciplining police misconduct to a citizens' group ran afoul of state mandates on collective bargaining because the police union did not endorse the shift, and the change did not represent pre-existing law or charter provisions that had been excluded from the state mandate. Affirmed.
Court: New York Court Of Appeals, Judge: Egan, Filed On: November 20, 2023, Case #: 81, Categories: Municipal Law, Labor / Unions
J. Egan finds that the lower court properly dismissed a prison guard's claims seeking indemnification after he was ordered to pay $2.88 million for his relentless harassment of a woman who taught at the state prison because the law providing indemnification for actions that occur in the scope of employment does not cover intentional wrongdoing resulting in injury or damage. Affirmed.
Court: New York Appellate Divisions, Judge: Egan, Filed On: November 9, 2023, Case #: 536107, Categories: Employment, Indemnification
J. Egan finds the trial court properly committed an individual. “The record contains clear and convincing evidence to support the trial court’s determination that appellant has a mental disorder and that he was a danger to himself and others due to that mental disorder.” Affirmed.
Court: Oregon Court of Appeals, Judge: Egan, Filed On: November 8, 2023, Case #: A179698, Categories: Evidence, Commitment
J. Egan finds trial court’s failure to instruct the jury that a culpable mental state attached to the “substantial risk of physical injury” was harmless against defendant, convicted of reckless driving. Based on the evidence, “there is little likelihood that the jury would have found that defendant was not the same person driving in both instances, or that either instance did not constitute vehicular fleeing or attempting to elude.” Affirmed.
Court: Oregon Court of Appeals, Judge: Egan, Filed On: November 8, 2023, Case #: A177666, Categories: Jury Instructions
[Consolidated.] J. Egan finds that the lower court properly set damages for negligence after a state trooper responding to a 911 call struck an oncoming car upon losing control of his vehicle. The award for past and future pain and suffering was reasonable in light of medical records and expert testimony indicating plaintiff's injuries were "serious," and the trooper's requests to set aside the verdict and hold a new trial for damages were properly denied.
Court: New York Appellate Divisions, Judge: Egan, Filed On: November 2, 2023, Case #: 535273, Categories: Tort, Damages
J. Egan finds that a petition seeking review of the validity of a search warrant issued in the early days of the Covid-19 pandemic, when courts were open only for "essential" proceedings, should be dismissed. Defendant, indicted with dozens of others as participants in a drug-trafficking ring, should have moved to suppress evidence.
Court: New York Appellate Divisions, Judge: Egan, Filed On: October 26, 2023, Case #: 535582, Categories: Criminal Procedure, Search