24 results for 'judge:"Jacquot"'.
J. Jacquot finds the trial court erred by vacating an arbitration award granted to a construction company in a contract dispute with a homeowner. The trial court analyzed an alleged “penalty clause” in the contract between the parties instead of making a determination about whether the arbitrator’s decision was grossly erroneous, which it was not. Reversed.
Court: Oregon Court of Appeals, Judge: Jacquot, Filed On: September 18, 2024, Case #: A179289, Categories: Arbitration, Contract
J. Jacquot finds the trial court erred by not instructing the jury on the choice-of-evils defense in defendant’s DUI trial. A factfinder could reasonably find from the evidence in the record that defendant drove after consuming multiple beers to avoid a threat of injury from an aggressive tenant ordering defendant to leave his property and that it was reasonable for defendant to believe the need to avoid the threat of harm outweighed the need to avoid a DUI. Reversed.
Court: Oregon Court of Appeals, Judge: Jacquot, Filed On: August 21, 2024, Case #: A180386, Categories: Dui, Jury Instructions
J. Jacquot finds that the juvenile court erred by not considering a mother’s current circumstances at the time of the jurisdictional trial and speculating future harm to her 10-year-old child. “The law does not allow for dependency jurisdiction based on parenting mistakes that, although harmful, do not result in an ongoing risk of serious loss or harm.” Reversed.
Court: Oregon Court of Appeals, Judge: Jacquot, Filed On: August 14, 2024, Case #: A181013, Categories: Family Law
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Jacquot finds that the Workers’ Compensation Board erred in setting aside denial of a claimant’s entitlement to survivor benefits after his spouse was fatally injured in the course of her employment. The Board erred in focusing exclusively on whether the claimant and decedent shared a residence at any time during the one-year period preceding the injury. Reversed.
Court: Oregon Court of Appeals, Judge: Jacquot, Filed On: July 10, 2024, Case #: A177768, Categories: Workers' Compensation
J. Jacquot finds the juvenile court erred in finding that the youth did not prove that he is rehabilitated and does not pose a threat to public safety. The youth has taken full “personal responsibility and accountability for his conduct,” has not engaged in questionable conduct and has otherwise been a productive member of his community. Reversed.
Court: Oregon Court of Appeals, Judge: Jacquot, Filed On: June 26, 2024, Case #: A176472, Categories: Juvenile Law
J. Jacquot finds the trial court properly imposed partially consecutive sentences for defendant, convicted of second-degree attempted murder with a firearm and unlawful use of a weapon. Two offenses created a risk of causing loss, injury or harm to different victims. Affirmed.
Court: Oregon Court of Appeals, Judge: Jacquot, Filed On: June 26, 2024, Case #: A176347, Categories: Firearms, Murder, Sentencing
J. Jacquot finds the trial court properly affirmed a landlord’s attempt to evict a tenant from her dwelling unit, which was part of a house, because the landlord intended to move into the house and occupy it as his primary residence. “Tenant’s dwelling unit was integrated with the rest of the house, such that, with the door unlocked, the whole house could be occupied as a single primary residence.” Affirmed.
Court: Oregon Court of Appeals, Judge: Jacquot, Filed On: June 5, 2024, Case #: A178013, Categories: Landlord Tenant
J. Jacquot finds the trial court had statutory authority to order defendant to provide a thumbprint to the Oregon State Police. “There is a reasonable argument that the ‘manner provided’ includes—as a component part of that process—the collection of a thumbprint, even if the court’s order makes no mention of a thumbprint.” Affirmed.
Court: Oregon Court of Appeals, Judge: Jacquot, Filed On: June 5, 2024, Case #: A179823, Categories: Evidence, Assault
J. Jacquot finds the trial court erred in its corrected supplemental judgment, awarding a father $75,000 in attorney fees following a proceeding to modify custody, parenting time and child support. The court erred when it included language in the attorney fee judgment suggesting an equivalence between the fees and child support. Reversed.
Court: Oregon Court of Appeals, Judge: Jacquot, Filed On: June 5, 2024, Case #: A176229, Categories: Family Law, Attorney Fees
J. Jacquot finds the trial court erred by denying defendant’s motion to dismiss a theft charge pursuant to a civil compromise. The letter from the store defendant stole items from “acknowledged more than that defendant had paid the statutory penalties that he owed and, therefore, is not precluded…from being offered as evidence.” Reversed.
Court: Oregon Court of Appeals, Judge: Jacquot, Filed On: May 8, 2024, Case #: A178816, Categories: Theft, Justification
J. Jacquot finds the trial court erred by denying his motion to dismiss his theft charge pursuant to a civil compromise. The “letter acknowledged more than that defendant had paid the penalties that he owed…and, therefore, is not precluded from being offered as evidence of a civil compromise.” Reversed.
Court: Oregon Court of Appeals, Judge: Jacquot, Filed On: April 24, 2024, Case #: A178836, Categories: Theft
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. 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
J. Jacquot finds the Land Use Board of Appeals LUBA erred in rejecting on procedural grounds the petitioner’s argument that new information submitted by the intervenor was “evidence.” LUBA erred in declining to address the petitioner’s argument “that the information provided by intervenor was evidence that petitioner had a right to rebut.” Reversed.
Court: Oregon Court of Appeals, Judge: Jacquot, Filed On: February 14, 2024, Case #: A18236, Categories: Evidence, Zoning
J. Jacquot finds the trial court properly committed appellant. The court made its decision based on her "diagnosis of schizophrenia, her past medication noncompliance, her lack of insight into her own condition, and her history of severe self-harm.” Affirmed.
Court: Oregon Court of Appeals, Judge: Jacquot, Filed On: January 31, 2024, Case #: A178907, Categories: Evidence, Commitment
J. Jacquot finds the trial court properly entered a verdict on both counts without finding that defendant acted with the proper culpable mental state with regard to the physical-injury element of the offenses. “The court found defendant guilty after hearing evidence that, to punish his three-year-old stepson for jumping on the bed, defendant hit the child hard enough to break his jaw, requiring the placement of three metal plates to repair it, as well as inflicting a separate injury to the child’s forehead.” Affirmed.
Court: Oregon Court of Appeals, Judge: Jacquot, Filed On: January 11, 2024, Case #: A176421, Categories: Evidence, Assault, Child Victims
J. Jacquot finds the trial court properly convicted defendant for driving while suspended. “Defendant has not persuaded us that she can collaterally attack her original 2017 suspension.” Affirmed.
Court: Oregon Court of Appeals, Judge: Jacquot, Filed On: December 13, 2023, Case #: A179309, Categories: Vehicle
J. Jacquot finds the trial court properly denied defendant’s motions for a judgment of acquittal (MJOA) on charges of first-degree burglary and aggravated first-degree theft. “A rational jury could reasonably infer from the facts and circumstantial evidence that defendant participated in the crimes and entered the victim’s house while doing so.” Affirmed.
Court: Oregon Court of Appeals, Judge: Jacquot, Filed On: December 13, 2023, Case #: A177141, Categories: Burglary, Evidence, Theft
J. Jacquot finds the juvenile court erred by declaring subject matter jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). “Because Oregon was not [the child’s] home state on the date of the commencement of the proceeding…Oregon does not have home-state jurisdiction.” Vacated.
Court: Oregon Court of Appeals, Judge: Jacquot, Filed On: October 4, 2023, Case #: A179157, Categories: Family Law, Jurisdiction