737 results for 'court:"Oregon Court of Appeals"'.
J. Joyce finds procedure amendment IP 14 complies with the state constitution’s “separate vote” requirement. “The multiple substantive changes that it makes are ‘closely related’ and, thus, comply.” Reversed.
Court: Oregon Court of Appeals, Judge: Joyce, Filed On: March 27, 2024, Case #: A181565, Categories: Elections
J. Ortega finds the trial court did not violate defendant’s right to allocution when it ”muted” him for being verbally abusive in court. The time for an allocution had passed, and “defendant was speaking to the court in a way that the court had authority to curb.” Affirmed.
Court: Oregon Court of Appeals, Judge: Ortega, Filed On: March 27, 2024, Case #: A180024, Categories: Criminal Procedure, Trespass
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J. Kamins finds the Department of Human Services Office of Training, Investigation and Safety properly determined that a foster parent abused a foster child through involuntary seclusion by locking her in a play structure. “The play structure functioned as a room, because it was inside petitioner’s home and set off by a partition from the living room space.” Affirmed.
Court: Oregon Court of Appeals, Judge: Powers, Filed On: March 27, 2024, Case #: A180063, Categories: Family Law
J. Shorr finds the probate court properly voided an attorney's contingency agreement and calculated a different attorney fee. “It was the responsibility of the probate court to approve the terms of the settlement…including awarding attorney fees.” Affirmed.
Court: Oregon Court of Appeals, Judge: Shorr, Filed On: March 20, 2024, Case #: A176105, Categories: Settlements, Attorney Fees
J. Pagan finds the trial court erred in concluding that appellant was a danger to others due to his mental disorder at the time of his commitment hearing. “Evidence of his behavior in the hospital and vague threats toward a particular community were insufficient to conclude he was a danger to others.” Reversed.
Court: Oregon Court of Appeals, Judge: Pagan, Filed On: March 20, 2024, Case #: A179343, Categories: Evidence, Commitment
J. Joyce finds the trial court erred in denying defendant’s request for consultation with a community mental health program director but finds the error was harmless. “Court concluded that defendant did not have a qualifying mental disorder and thus declined to find that he was unfit to proceed. Defendant has not challenged that ruling.” Affirmed.
Court: Oregon Court of Appeals, Judge: Joyce, Filed On: March 13, 2024, Case #: A177517, Categories: Firearms, Menacing
J. Jacquot finds the trial court properly denied defendant’s motion to dismiss a reckless-endangering charge pursuant to a civil compromise. “Justice would be better served by proceeding with the prosecution than by dismissing the case, due to its concerns about the propriety of allowing compromises between minor victims and their parents.” Affirmed.
Court: Oregon Court of Appeals, Judge: Jacquot, Filed On: March 13, 2024, Case #: A177681, Categories: Dui
J. Joyce finds the trial court erred by failing to suppress evidence. “The officers’ reasonable suspicion of kidnapping had dissipated before the officers developed reasonable suspicion that defendant was a felon in possession of body armor.” Reversed.
Court: Oregon Court of Appeals, Judge: Joyce, Filed On: March 13, 2024, Case #: A177524, Categories: Evidence, Firearms, Search
J. Joyce finds the trial court properly sentenced defendant for rape and sodomy convictions. “Whether defendant and the victim had a consensual relationship is immaterial, given that a jury found that defendant raped and sodomized the victim while she was incapacitated and therefore unable to consent.” Affirmed.
Court: Oregon Court of Appeals, Judge: Joyce, Filed On: March 13, 2024, Case #: A178252, Categories: Sentencing, Sex Offender
J. Jacquot finds the trial court erred by ordering defendant to consecutive sentences. “Any threats defendant may have made against [victims] would not provide grounds for the imposition of a consecutive sentence under these circumstances.” The matter is remanded for resentencing.
Court: Oregon Court of Appeals, Judge: Jacquot, Filed On: March 13, 2024, Case #: A176231, Categories: Burglary, Robbery, Threats
Per curiam, the Appeals Court finds the trial court erred by committing appellant. “There is evidence of unsanitary living conditions, poor personal hygiene, and noncompliance with psychiatric medications, but that evidence does not meet the standard for civil commitment.” Reversed.
Court: Oregon Court of Appeals, Judge: Per curiam, Filed On: March 13, 2024, Case #: A180060, Categories: Commitment
J. Tookey finds the trial court properly concluded that petitions for judicial review of the 2019 Order had become moot. “The 2019 Order was remanded to OAB by LUBA, and by operation of LUBA’s remand, it had become ineffective.” Affirmed.
Court: Oregon Court of Appeals, Judge: Tookey, Filed On: March 6, 2024, Case #: A179634, Categories: Government, Zoning