50 results for 'judge:"Tookey"'.
J. Tookey finds the trial court properly reduced a husband’s spousal support obligation to the wife but rejected his request to end it. The court’s conclusion was within its discretion. Affirmed.
Court: Oregon Court of Appeals, Judge: Tookey, Filed On: May 15, 2024, Case #: A181085, Categories: Family Law
J. Tookey finds the Land Use Board of Appeals erred in determining that The Confederated Tribes of the Warm Springs Reservation of Oregon did not preserve its right to appeal over issues related to a new business development. “Board had fair notice of the Tribe’s assertion that an evaluation of the ‘no net loss’ standard implicated consideration of the Tribe’s treaty-protected fishery resource.” Reversed.
Court: Oregon Court of Appeals, Judge: Tookey, Filed On: May 1, 2024, Case #: A183421, Categories: Native Americans, Zoning, Water
J. Tookey finds the trial court erred in ruling Washington County's ban on the sale and distribution of flavored tobacco and flavored synthetic nicotine products is preempted by Oregon’s scheme for TRL. Since “Oregon does not require tobacco retailers to sell any particular type of tobacco product or inhalant delivery system, Oregon’s scheme for TRL can operate concurrently with” the county. Reversed.
Court: Oregon Court of Appeals, Judge: Tookey, Filed On: May 1, 2024, Case #: A179834, Categories: Government
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J. Tookey finds the trial court properly convicted defendant of arson in a fire that destroyed part of the abandoned Mill E building at the Blue Heron Paper Mill in Oregon City. There is sufficient evidence “both that defendant started the fire and that he intended to damage property when he did so.” Affirmed.
Court: Oregon Court of Appeals, Judge: Tookey, Filed On: April 17, 2024, Case #: A178613, Categories: Evidence, Arson
J. Tookey finds the trial court properly ruled that the state trooper had reasonable suspicion to expand the subject matter of the traffic stop. Defendant got his truck stuck in a ditch while attempting to turn around, and he displayed “shaking, which could be a physical symptom of present intoxication.” Affirmed.
Court: Oregon Court of Appeals, Judge: Tookey, Filed On: April 17, 2024, Case #: A178918, Categories: Evidence, Search, Dui
J. Tookey finds the Employment Relations Board (ERB) properly dismissed an employee's claim of an unfair labor practice against his employer. The employee failed to raise proper assignments of error. Affirmed.
Court: Oregon Court of Appeals, Judge: Tookey, Filed On: March 27, 2024, Case #: A179566, Categories: Labor / Unions
J. Tookey finds the trial court properly concluded that petitions for judicial review of the 2019 Order had become moot. “The 2019 Order was remanded to OAB by LUBA, and by operation of LUBA’s remand, it had become ineffective.” Affirmed.
Court: Oregon Court of Appeals, Judge: Tookey, Filed On: March 6, 2024, Case #: A179634, Categories: Government, Zoning
J. Tookey finds the trial court properly admitted an English translation of victim’s 911 call, which was in Spanish. The court “properly considered whether the translation’s probative value was substantially outweighed by the danger of misleading the jury.” Affirmed.
Court: Oregon Court of Appeals, Judge: Tookey, Filed On: February 22, 2024, Case #: A178230, Categories: Evidence, Domestic Violence
J. Tookey finds the trial court properly denied defendant’s motion for acquittal on a theft of services charge. “The fact that a business has busy times and slow times does not render its facilities as something other than business facilities.” Affirmed.
Court: Oregon Court of Appeals, Judge: Tookey, Filed On: February 22, 2024, Case #: A178897, Categories: Evidence, Theft
J. Tookey finds the juvenile court erred when it barred a father’s counsel from participating in the final part of the permanency hearing on the father’s behalf, when the father himself was not physically present in the courtroom. The state concedes the error. Reversed.
Court: Oregon Court of Appeals, Judge: Tookey, Filed On: January 24, 2024, Case #: A181546, Categories: Family Law
J. Tookey finds the Land Use Board of Appeals (LUBA) properly upheld an order of the Clackamas County Board of Commissioners approving an application for a dwelling permit on a lot adjacent to the Salmon River and in a principal river conservation area (PRCA). “LUBA correctly understood its role in conducting its review for substantial evidence.” Affirmed.
Court: Oregon Court of Appeals, Judge: Tookey, Filed On: January 24, 2024, Case #: A182331, Categories: Evidence, Property
J. Tookey finds trial court properly denied defendant’s motion for judgment of acquittal on a second-degree kidnapping charge. “Evidence is legally sufficient for the jury to have determined that defendant had the requisite intent to ‘interfere with [the victim’s] freedom of movement’ during the nonconsensual taking.” Affirmed.
Court: Oregon Court of Appeals, Judge: Tookey, Filed On: January 24, 2024, Case #: A178356, Categories: Evidence, Sex Offender, Kidnapping
J. Tookey finds that the juvenile court properly granted dependency jurisdiction over the mother’s 1-year-old son. Sufficient evidence supports the court’s determination that the mother’s "substance abuse, mental health, chaotic lifestyle, pattern of unsafe relationships, and failure to keep her home free of domestic violence were current at the time of the jurisdictional hearing; that those conditions impaired or interfered with mother’s ability to safely parent (child); and that those conditions created a current and substantial risk of serious loss or injury to (child).” Affirmed.
Court: Oregon Court of Appeals, Judge: Tookey, Filed On: January 4, 2024, Case #: A181621, Categories: Family Law
J. Tookey finds that the post-conviction court properly denied relief on defendant’s claim that his trial counsel was inadequate for failing to advise him of developments in the law regarding the constitutionality of nonunanimous jury verdicts in the state. The record supports the post-conviction court's determination that defendant's claim "that his awareness of the remote possibility that the chain of events could occur would have changed his mind about pleading guilty 'strains credulity.' He also failed to show that his guilty plea was not knowing, intelligent and voluntary. Affirmed.
Court: Oregon Court of Appeals, Judge: Tookey, Filed On: January 4, 2024, Case #: A178753, Categories: Ineffective Assistance, Sentencing, Plea
J. Tookey finds the trial court properly ruled that one of defendant’s prior California DUI convictions qualified as a predicate conviction elevating her Oregon DUI to a felony. “Defendant has a conviction for driving while having a blood alcohol content above California’s legal limit.” Affirmed.
Court: Oregon Court of Appeals, Judge: Tookey, Filed On: December 20, 2023, Case #: A179041, Categories: Dui
J. Tookey finds the trial court properly directed the Oregon Water Resources Department to consider the relator’s application for a change in the point of diversion of water from a creek that serves as a source of water for the relator’s reservoir. While “the storage of water in and of itself is not a ‘use’ of water, when considered in the context of the secondary permit, it can represent a water use subject to transfer.” Affirmed.
Court: Oregon Court of Appeals, Judge: Tookey, Filed On: December 20, 2023, Case #: A180610, Categories: Water
J. Tookey finds the trial court erred in failing to suppress statements taken after defendant, convicted of child sex abuse, invoked his right to counsel. “The conduct of law enforcement was likely to elicit some type of incriminating response from defendant…and, therefore, constituted unlawful interrogation.” Reversed.
Court: Oregon Court of Appeals, Judge: Tookey, Filed On: December 13, 2023, Case #: A177144, Categories: Evidence, Child Victims
J. Tookey finds trial court properly excluded evidence of defendant’s discussion with firefighters at the scene of the accident. “Defendant obtaining permission to leave the scene to get a tow truck is an action unrelated to seeking out, or providing information to, the owners of the fence or the owners of the power box.” Affirmed.
Court: Oregon Court of Appeals, Judge: Tookey, Filed On: December 6, 2023, Case #: A176242, Categories: Evidence