38 results for 'judge:"Pagan"'.
J. Pagan finds the trial court erred by giving a jury instruction on defense of premises regarding the alleged victim’s actions when defendant was claiming self-defense against someone who used force against him. “The parties disputed the facts that would have made defendant’s self-defense claim viable, and a jury instruction that highlighted the alleged victim’s state of mind” detracted from the jury’s consideration of defendant’s state of mind. Reversed.
Court: Oregon Court of Appeals, Judge: Pagan, Filed On: April 24, 2024, Case #: A177313, Categories: Burglary, Assault, Jury Instructions
J. Pagan finds the trial court plainly erred by not instructing the jury that it must find a culpable mental state for the physical injury element of second-degree assault. The given instruction “did not state that a defendant must knowingly engage in assaultive conduct…[and] must be at least criminally negligent with respect to causing injury.” Reversed.
Court: Oregon Court of Appeals, Judge: Pagan, Filed On: April 3, 2024, Case #: A177094, Categories: Assault, Jury Instructions
J. Pagan finds the trial court properly committed an individual. “Appellant’s doctor testified that appellant’s pattern of behavior caused by her psychosis leading up to and once inside the hospital, without intervention and redirection by trained staff, was very likely to result in future violence.” Affirmed.
Court: Oregon Court of Appeals, Judge: Pagan, Filed On: April 3, 2024, Case #: A178625, Categories: Evidence, Commitment
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
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J. Pagan finds the juvenile court erred in awarding restitution because the presentation of restitution evidence was untimely. The state must present “some evidence of the nature and amount of the injury, loss, or damage prior to or at the time of adjudication.” Reversed.
Court: Oregon Court of Appeals, Judge: Pagan, Filed On: February 14, 2024, Case #: A177754, Categories: Juvenile Law
J. Pagan finds the juvenile court properly took jurisdiction over two children. “Father has significant anger and impulse control issues that impact his ability to safely parent" and "mother deferred to father to make decisions, even when those decisions placed the children at risk of serious harm.” Affirmed.
Court: Oregon Court of Appeals, Judge: Pagan, Filed On: January 31, 2024, Case #: A181604, Categories: Family Law
J. Pagan finds the trial court erred in denying defendant’s motion for a judgment of acquittal in a drug case. Defendant’s methamphetamine was undivided, there were no packaging or distribution materials and the state “did not identify a recipient for the drugs.” Reversed.
Court: Oregon Court of Appeals, Judge: Pagan, Filed On: January 31, 2024, Case #: A177280, Categories: Drug Offender, Evidence
J. Pagan finds the Land Use Board of Appeals (LUBA) properly ruled that petitioner was not relieved from compliance with county requirements for building a relative farm help dwelling. The law in question “applied only to housing within an urban growth boundary.” Affirmed.
Court: Oregon Court of Appeals, Judge: Pagan, Filed On: January 31, 2024, Case #: A182319, Categories: Property, Zoning
J. Pagan finds the trial court correctly concluded that there was not a substantial, unanticipated change in economic circumstances justifying either a modification or termination of the husband’s monthly support obligation to the wife, who had subsequently remarried. The wife and her new husband have a premarital agreement that keeps each person's income separate and the trial court properly considered evidence that the wife and her new husband "rigorously separated their income and assets." Therefore, the wife's financial situation had not changed. Affirmed.
Court: Oregon Court of Appeals, Judge: Pagan, Filed On: January 4, 2024, Case #: A176845, Categories: Family Law
J. Pagan finds the trial court erred by admitting evidence obtained during an unlawful stop that led to defendant’s DUI conviction. “Defendant was unlawfully seized when [the officer] followed defendant in a marked patrol car, parked facing the front of defendant’s vehicle approximately one car-length away, and said 'hello' to defendant as he walked away from her,” making the stop illegal because it occurred before officer had reasonable suspicion. Reversed.
Court: Oregon Court of Appeals, Judge: Pagan, Filed On: December 13, 2023, Case #: A177188, Categories: Evidence, Dui
J. Pagan finds the juvenile court erred by terminating a mother’s parental rights to her child. “Mother demonstrated an understanding of the gravity of her prior actions, and her conduct thereafter was consistent with that conclusion. There is no evidence of any other criminal activity.” Reversed.
Court: Oregon Court of Appeals, Judge: Pagan, Filed On: December 6, 2023, Case #: A180833, Categories: Family Law
J. Pagan finds the trial court properly sentenced defendant to 90 months in prison for first-degree robbery. Although other circumstances “lessen the seriousness of defendant’s offense, it was sufficiently grave such that we cannot conclude that the legislatively prescribed sentence for the offense contravenes” the Constitution. Affirmed.
Court: Oregon Court of Appeals, Judge: Pagan, Filed On: December 6, 2023, Case #: A176879, Categories: Robbery, Sentencing, Due Process
J. Pagan finds the Workers’ Compensation Board (board) properly construed and applied the so-called “firefighter’s presumption” when it reversed an employer’s denial of an employee's occupational disease claim. “The board’s representation of [expert] opinion is reasonable and supported by substantial evidence.” Affirmed.
Court: Oregon Court of Appeals, Judge: Pagan, Filed On: December 6, 2023, Case #: A177671, Categories: Employment, Workers' Compensation
J. Pagan finds the trial court properly denied defendant’s request to waive his right to counsel. “At a number of pre-trial hearings, the trial court considered defendant’s request, explained to defendant some of the risks of self-representation, provided defendant with a waiver of counsel form, and, although defendant signed it, defendant subsequently told the trial court that he did not understand it.” Affirmed.
Court: Oregon Court of Appeals, Judge: Pagan, Filed On: December 6, 2023, Case #: A177041, Categories: Ineffective Assistance
J. Pagan finds the Workers’ Compensation Board (board) properly construed and applied the so-called “firefighter’s presumption” when it reversed an employer’s denial of an employee's occupational disease claim. “The board’s representation of [expert] opinion is reasonable and supported by substantial evidence.” Affirmed.
Court: Oregon Court of Appeals, Judge: Pagan, Filed On: December 6, 2023, Case #: A177814, Categories: Employment, Workers' Compensation
J. Pagan finds the trial court properly sanctioned a husband for violating discovery obligations and failing to comply with an order compelling production of documents. “Husband’s sweeping claim of ‘equal access’ ignores that many of the requested documents were not within wife’s control, including husband’s credit report and his Social Security statement, both of which were critical for an accurate analysis of husband’s earnings and liabilities.” Affirmed.
Court: Oregon Court of Appeals, Judge: Pagan, Filed On: November 15, 2023, Case #: A177261, Categories: Family Law
J. Pagan finds the trial court erred by failing to suppress evidence obtained during a traffic stop. “Defendant was stopped when [the officer] hailed defendant from the street, inquired about her drug use, and asked if she had ‘anything on her.’” Reversed.
Court: Oregon Court of Appeals, Judge: Pagan, Filed On: October 25, 2023, Case #: A176083, Categories: Drug Offender, Evidence
J. Pagan finds the trial court erred by determining that it lacked authority to grant the petition for relief from the state statutory bar prohibiting defendant from owning a firearm because he was convicted of a federal felony. “Appellant met his burden of showing that he is entitled to relief from the state law bar on possessing a firearm.” Reversed.
Court: Oregon Court of Appeals, Judge: Pagan, Filed On: October 18, 2023, Case #: A177996, Categories: Evidence, Firearms
J. Pagan finds the trial court properly denied defendant’s request to enter a diversion program as part of a conditional guilty plea. “Defendant’s prior diversion was successful and did not result in an uncounseled conviction.” Affirmed.
Court: Oregon Court of Appeals, Judge: Pagan, Filed On: October 18, 2023, Case #: A176773, Categories: Sentencing, Dui
J. Pagan finds the trial court erred by determining that a discovery letter, when considered in the context of other information, provided sufficient notice. “Defendant’s presumed awareness of the state’s intention to rely on the interviews did not relieve state of its express statutory obligation to provide timely notice of the state’s intention to offer the statement and the particulars of the statement.” Reversed.
Court: Oregon Court of Appeals, Judge: Pagan, Filed On: September 27, 2023, Case #: A174920, Categories: Evidence
J. Pagan finds the parole board properly denied effort by defendant, who was convicted of aggravated murder, to convert his confinement to life imprisonment with the possibility of parole. “The board’s order is supported by substantial evidence and substantial reason.” Affirmed.
Court: Oregon Court of Appeals, Judge: Pagan, Filed On: September 27, 2023, Case #: A177497, Categories: Evidence, Murder, Parole
J. Pagan finds the trial court properly declined to declare a mistrial. The trial court “did not implore or pressure the jury to reach a verdict, it did not encourage any jurors to reconsider their positions, and the trial court said nothing about avoiding the time and expense of a retrial.” Affirmed.
Court: Oregon Court of Appeals, Judge: Pagan, Filed On: September 13, 2023, Case #: A176091, Categories: Judiciary
J. Pagan finds the juvenile court properly asserted jurisdiction over two children on the additional basis that the mother suffers from mental health problems. “The record was legally sufficient for the juvenile court to find that mother’s mental health problems provided an additional basis for jurisdiction over both children.” Affirmed.
Court: Oregon Court of Appeals, Judge: Pagan, Filed On: August 16, 2023, Case #: A179626, Categories: Juvenile Law