737 results for 'court:"Oregon Court of Appeals"'.
J. Kamins finds the trial court properly dissolved a marriage by recognizing the mother as primary caregiver of their three children. The court “weighed evidence that father had drained the parties’ bank account, leaving mother no money to support herself or the children, threw away family memorabilia, and for a time failed to make an effort to see the children.” Affirmed.
Court: Oregon Court of Appeals, Judge: Kamins, Filed On: March 6, 2024, Case #: A177528, Categories: Family Law
J. Kamins finds the trial court erred in ruling that an ex-wife's comments that her ex-husband had abused her were of public interest and thus fall under the protection of the anti-SLAPP statute. “Unchallenged evidence of a waiver of the rights protected by the anti-SLAPP statute can satisfy a plaintiff’s burden to defeat an anti-SLAPP motion once a defendant has satisfied the burden at the first step.” Reversed.
Court: Oregon Court of Appeals, Judge: Kamins, Filed On: March 6, 2024, Case #: A178568, Categories: Anti-slapp
J. Ortega invalidates two Climate-Friendly and Equitable Communities rules after finding the Land Conservation and Development Commission did not provide sufficient notice for one and exceeded its statutory authority in enacting the other. “Adopted rule does cover a subject matter not specified in the notice” and “statutes do not authorize LCDC to revoke an acknowledgement of a TSP, which is part of a local government’s acknowledged comprehensive plan.”
Court: Oregon Court of Appeals, Judge: Ortega, Filed On: March 6, 2024, Case #: A180037, Categories: Zoning
J. Aoyagi finds the evidence was legally sufficient to convict defendant of second-degree kidnapping and domestic violence. “After viciously assaulting and strangling [the victim]—including breaking her nose—defendant dragged [the victim] by her neck out of the motorhome, into the shed, and into his Jeep, and then attempted to leave the property with her.” Affirmed.
Court: Oregon Court of Appeals, Judge: Aoyagi, Filed On: March 6, 2024, Case #: A178684, Categories: Evidence, Domestic Violence, Kidnapping
J. Kamins finds the trial court properly declined to declare a mistrial for the prosecutor’s statements against defendant’s and her boyfriend’s credibility in a trial convicting defendant of conspiracy to commit second-degree murder. “It is proper—indeed, required—for an attorney to be able to comment on the evidence presented.” Affirmed.
Court: Oregon Court of Appeals, Judge: Kamins, Filed On: March 6, 2024, Case #: A178236, Categories: Evidence, Conspiracy
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J. Hellman finds the trial court properly rejected defendant’s habeas corpus petition. “There was no genuine issue of material fact regarding plaintiff’s treatment, especially in light of the uncontroverted facts that DOC offered him DBT as a result of his mental health screening and diagnosis, yet he declined those services.” Affirmed.
Court: Oregon Court of Appeals, Judge: Hellman, Filed On: March 6, 2024, Case #: A178635, Categories: Habeas
J. Hellman finds the post-conviction court properly denied defendant’s petition for relief from several counts of first-degree sex crimes against a minor. To preserve “a claim for replacement of counsel based on counsel’s oppositional statements as opposed to his claim based on counsel’s refusal to raise certain claims, petitioner needed to have objected to counsel’s response on the record.” Affirmed.
Court: Oregon Court of Appeals, Judge: Hellman, Filed On: March 6, 2024, Case #: A174808, Categories: Ineffective Assistance, Sex Offender, Child Victims
J. Hellman finds that the trial court property dismissed a hemp farm’s claim under the “timber trespass” statutes. “Plaintiff has not identified any allegations that defendants willfully or directly applied chemicals to plaintiff’s crop or land.” Affirmed.
Court: Oregon Court of Appeals, Judge: Hellman, Filed On: March 6, 2024, Case #: A176854, Categories: Property
J. Kamins finds the trial court properly denied an individual's anti-SLAPP motion to strike. The court’s ruling was proper only as it relates to “plaintiffs’ claims arising out of the ‘barrage’ of text messages, conduct that had no connection to furthering defendant’s right to free speech.”
Court: Oregon Court of Appeals, Judge: Powers, Filed On: March 6, 2024, Case #: A177873, Categories: Anti-slapp
J. Kamins finds the trial court properly determined that the county did not retaliate against an employee because he complained to supervisors about facility safety issues. “There is no evidence that plaintiff raised any complaint within a year prior to his termination.” Affirmed.
Court: Oregon Court of Appeals, Judge: Kamins, Filed On: March 6, 2024, Case #: A179039, Categories: Employment Retaliation
J. Ortega finds the trial court erred in admitting the state’s proffered evidence regarding defendant’s gang affiliation. State “failed to meet its burden to establish that it was offering a theory of relevance for the evidence that does not depend on propensity reasoning.” Reversed.
Court: Oregon Court of Appeals, Judge: Ortega, Filed On: February 28, 2024, Case #: A174188, Categories: Evidence, Firearms, Assault
J. Aoyagi finds trial court properly dismissed complaints as time-barred. The court “correctly construed HB 4212 as extending the statutes of limitations through December 31, 2021, and consequently did not err in dismissing the complaints.” Affirmed.
Court: Oregon Court of Appeals, Judge: Aoyagi, Filed On: February 28, 2024, Case #: A179835, Categories: Negligence, Covid-19
J. Joyce finds the trial court properly ruled that videos of events underlying defendant’s conviction were properly authenticated by a witness who “testified that he was at the protests and close to defendant’s truck, the subject of each of the three videos, and he saw it move as depicted in the videos.” Affirmed.
Court: Oregon Court of Appeals, Judge: Joyce, Filed On: February 28, 2024, Case #: A179510, Categories: Evidence
J. Mooney finds the Board of Parole and Post-Prison Supervision properly declined to reduce defendant’s life sentence for aggravated murder of his wife. The board cited “petitioner’s unwillingness to enter AA or any similar twelve-step recovery program, his continued lack of insight into his crimes and the impact of those crimes on others, and his unwillingness to fully commit to severing his relationship with his daughters.” Affirmed.
Court: Oregon Court of Appeals, Judge: Mooney, Filed On: February 28, 2024, Case #: A178249, Categories: Murder, Parole, Sentencing
J. Aoyagi finds the trial court properly sentenced defendant, convicted of a total of nine sex crimes against two children. “Defendant committed the acts when he was 16 years old but he was not charged until he was an adult…[and] he went directly into adult court, rather than being waived into adult court.” Affirmed.
Court: Oregon Court of Appeals, Judge: Aoyagi, Filed On: February 28, 2024, Case #: A178968, Categories: Sentencing, Sex Offender, Child Victims
J. Aoyagi finds the trial court properly dismissed complaints. The court “correctly construed HB 4212 as extending the statutes of limitations through December 31, 2021, and consequently did not err in dismissing the complaints.” Affirmed.
Court: Oregon Court of Appeals, Judge: Aoyagi, Filed On: February 28, 2024, Case #: A179835, Categories: Negligence, Covid-19
J. Aoyagi finds the juvenile court erred in asserting dependency jurisdiction over a father’s two children. “DHS failed to prove that the requirements for dependency jurisdiction were met.” Reversed.
Court: Oregon Court of Appeals, Judge: Aoyagi, Filed On: February 28, 2024, Case #: A180870, Categories: Family Law
J. Joyce finds the trial court properly denied defendant’s demurrer, in which he argued that the indictment was deficient because it did not name the victim of the crime alleged. “The identity of the victim is not an essential element of the crime.” Affirmed.
Court: Oregon Court of Appeals, Judge: Joyce, Filed On: February 28, 2024, Case #: A178481, Categories: Weapons
J. Shorr finds the trial court properly committed appellant for a mental disorder that makes her a danger to others. Appellant “suffers from a mix of mania and psychosis that results in a delusion that there is a conspiracy of government actors who are pursuing, harassing, and working to detain her.” Affirmed.
Court: Oregon Court of Appeals, Judge: Shorr, Filed On: February 28, 2024, Case #: A178745, Categories: Commitment
J. Shorr finds the trial court erred in finding that a father’s mental health problems interfere with his ability to safely parent his child. “The evidence was insufficient to support that basis.” Reversed.
Court: Oregon Court of Appeals, Judge: Shorr, Filed On: February 28, 2024, Case #: A181579, Categories: Family Law
J. Aoyagi finds that the trial court properly dismissed complaints as time-barred. The court “correctly construed HB 4212 as extending the statutes of limitations through December 31, 2021, and consequently did not err in dismissing the complaints.” Affirmed.
Court: Oregon Court of Appeals, Judge: Aoyagi, Filed On: February 28, 2024, Case #: A179618, Categories: Negligence
J. Joyce finds the trial court properly granted defendant’s motion to suppress evidence found after an officer stopped him for failing to perform the duties of a driver and asked him a series of questions. “Questions related to theft or possession of items that ‘don’t belong’ are not closely tied to elements of the offense of failing to perform the duties of a driver.” Affirmed.
Court: Oregon Court of Appeals, Judge: Joyce, Filed On: February 28, 2024, Case #: A179398, Categories: Evidence, Search
J. Kamins finds the trial court properly declined to set aside judgment taking jurisdiction over a mother’s two children after she failed to appear for a hearing. “Mother presented no evidence that her lateness was due to public transportation or her economic status.” Affirmed.
Court: Oregon Court of Appeals, Judge: Kamins, Filed On: February 22, 2024, Case #: A182182, Categories: Family Law