19 results for 'judge:"Jacquot"'.
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
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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
J. Jacquot finds the trial court properly convicted defendant of criminal mischief. “The state’s evidence was insufficient for the jury to find that defendant caused damages exceeding $1,000.” Reversed.
Court: Oregon Court of Appeals, Judge: Jacquot, Filed On: September 20, 2023, Case #: A176654, Categories: Evidence
J. Jacquot finds the trial court erred by ordering defendant, convicted of domestic violence, to pay extradition costs. Defendant was sentenced to prison, and there was no evidence of his available financial resources at the time of sentencing. Reversed.
Court: Oregon Court of Appeals, Judge: Jacquot, Filed On: September 7, 2023, Case #: A176930, Categories: Assault, Extradition
J. Jacquot finds the Psychiatric Security Review Board properly extended petitioner’s commitment. “Substantial evidence and reason support the PSRB’s determination that petitioner was not a proper subject for conditional release at the time of the hearing and its denial of petitioner’s request for a community evaluation.” Affirmed.
Court: Oregon Court of Appeals, Judge: Jacquot, Filed On: August 23, 2023, Case #: A175181, Categories: Evidence, Commitment
J. Jacquot finds the trial court erred in addressing the stand-alone due process claim of defendant, who pleaded guilty to kidnapping and attempted rape. “There is no good reason to leave the judgment ambiguous where that could lead to additional inefficiencies down the road.” Reversed.
Court: Oregon Court of Appeals, Judge: Jacquot, Filed On: July 12, 2023, Case #: A176855, Categories: Sex Offender, Kidnapping
J. Jacquot finds the trial court properly denied defendant’s motion for a judgment of acquittal (MJOA) on second-degree disorderly conduct. “A rational factfinder could have found beyond a reasonable doubt that defendant committed the crime of disorderly conduct by obstructing traffic.” Affirmed.
Court: Oregon Court of Appeals, Judge: Jacquot, Filed On: July 12, 2023, Case #: A176448, Categories: Evidence
J. Jacquot finds the trial court properly continued an individual's involuntary civil commitment. The record was “legally sufficient, if just barely, to support court’s findings regarding appellant’s inability to meet his basic needs.” Affirmed.
Court: Oregon Court of Appeals, Judge: Jacquot, Filed On: June 28, 2023, Case #: A178759, Categories: Commitment
J. Jacquot finds the juvenile court erred in dismissing a mother’s wardship over her daughter. “The Department of Human Services (DHS) did not meet its burden to prove jurisdiction needs to continue.” Reversed.
Court: Oregon Court of Appeals, Judge: Jacquot, Filed On: June 28, 2023, Case #: A178732, Categories: Juvenile Law
J. Jacquot finds the trial court properly denied defendant’s motion for relief from default. “Defendant’s evidence was not sufficient to establish that, in the totality of the circumstances, the actions it took or omitted were reasonably designed to protect its interests such that any neglect was excusable.” Affirmed.
Court: Oregon Court of Appeals, Judge: Jacquot, Filed On: June 28, 2023, Case #: A175361, Categories: Business Practices