53 results for 'judge:"Shorr"'.
J. Shorr finds the trial court properly imposed a 60-month durational departure sentence. “The court would be almost certain to impose the same sentence on remand in light of that history and the court’s comments at sentencing.” Affirmed.
Court: Oregon Court of Appeals, Judge: Shorr, Filed On: April 10, 2024, Case #: A179546, Categories: Sentencing, Menacing
J. Shorr finds the trial court properly imposed restitution. “It is not plain that a trial court would err if it treated the stipulation as having at least the same effect as an admission to the criminal conduct that led to the victim’s damages.” Affirmed.
Court: Oregon Court of Appeals, Judge: Shorr, Filed On: April 10, 2024, Case #: A179565, Categories: Restitution
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J. Shorr finds the trial court properly committed an individual. “There was evidence…that appellant was not willing and able to engage in voluntary treatment and that appellant did not meet her burden of proof to prove otherwise.” Affirmed.
Court: Oregon Court of Appeals, Judge: Shorr, Filed On: April 3, 2024, Case #: A178750, Categories: Evidence, Commitment
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. 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. Shorr finds the Land Use Board of Appeals properly rejected challenges to relating to Portland’s zoning regulations of “Bulk Fossil Fuel Terminals.” The text of the ordinance did not support the business associations’ legal interpretation. Affirmed.
Court: Oregon Court of Appeals, Judge: Shorr, Filed On: February 14, 2024, Case #: A182570, Categories: Zoning
J. Shorr finds the trial court properly provided a “Miles instruction” to the jury that convicted defendant of DUII. The term “intoxicants” in the Miles instruction refers to “either or both intoxicating liquor and controlled substances.” Affirmed.
Court: Oregon Court of Appeals, Judge: Shorr, Filed On: February 14, 2024, Case #: A176781, Categories: Dui, Jury Instructions
J. Shorr finds the trial court failed to strike certain statements made by the prosecutor to convict defendant of attempted second-degree murder and other crimes. “The prosecutor’s reference to a statement that was not admitted in evidence, and invitation to the jury to infer that the contents of that statement would not have benefitted defendant…deprived defendant of a fair trial.” Reversed.
Court: Oregon Court of Appeals, Judge: Shorr, Filed On: February 7, 2024, Case #: A177836, Categories: Murder, Prosecutorial Misconduct
J. Shorr finds the Board of Parole and Post-Prison Supervision properly accounted for sex-offense-free time in the community in setting defendant’s risk level. Defendant "has failed to develop his argument that the board, upon adopting an actuarial instrument, was prohibited from deviating from that instrument.” Affirmed.
Court: Oregon Court of Appeals, Judge: Shorr, Filed On: January 31, 2024, Case #: A179828, Categories: Parole, Sex Offender
J. Shorr finds, on remand from the Supreme Court, that the trial court erred in dismissing an individual's negligence claim for injuries incurred when he allegedly slipped and fell on some wet bleachers at the Oregon State Fair. “So-called self-serving testimony has probative value and can be assessed by the factfinder.” Reversed.
Court: Oregon Court of Appeals, Judge: Shorr, Filed On: January 31, 2024, Case #: A172888, Categories: Evidence, Negligence
J. Shorr finds the Board of Parole and Post-Prison Supervision properly accounted for sex-offense-free time in the community in setting defendant’s risk level. Defendant “failed to address the specific language in effect.” Affirmed.
Court: Oregon Court of Appeals, Judge: Shorr, Filed On: January 31, 2024, Case #: A176473, Categories: Parole, Sex Offender
J. Shorr finds the Director of the Department of Consumer and Business Services erred in dismissing the employee's workers’ compensation claim after concluding it lacked authority to address the medical billing issue because the medical services were not causally related to the worker’s accepted claim. “The workers’ compensation statutes provide that the director has authority over those issues, and none of the relevant statutes provide that the director loses that authority if the board first concludes that the claim is not compensable.” Reversed.
Court: Oregon Court of Appeals, Judge: Shorr, Filed On: January 4, 2024, Case #: A176516, Categories: Jurisdiction, Workers' Compensation
J. Shorr finds the trial court erred in ruling that DHS’s final order, including a founded disposition of physical abuse by petitioner of his daughter, was not supported by substantial evidence. “There is substantial evidence in the record to support DHS’s ‘founded’ determination… and (the) court’s stated concerns about DHS’s investigation do not affect that conclusion.” Reversed.
Court: Oregon Court of Appeals, Judge: Shorr, Filed On: January 4, 2024, Case #: A179179, Categories: Family Law
J. Shorr finds the trial court erred in dismissing a subcontractor's lien foreclosure claim because the construction work invoices were due and the contractor failed to pay. “Defendant’s check was improperly conditioned on plaintiff’s potential release of a construction lien for plaintiff’s work on defendant’s property for which plaintiff had not yet been paid.” Reversed.
Court: Oregon Court of Appeals, Judge: Shorr, Filed On: December 6, 2023, Case #: A176707, Categories: Contract