734 results for 'court:"Oregon Court of Appeals"'.
J. Powers finds the trial court properly ruled that a nontransferee attorney may not be held jointly liable for the alleged fraudulent transfer of his client. The attorney is “neither the debtor nor transferee.” Affirmed.
Court: Oregon Court of Appeals, Judge: Powers, Filed On: May 8, 2024, Case #: A176528, Categories: Fraud
J. Aoyagi finds the trial court properly declined defendant's motion for a fee waiver to proceed with a habeas motion to vacate an older judgment. “Plaintiff sought a waiver of future fees and costs attendant to a potential motion to vacate a judgment entered five years earlier, and the court denied the motion on the grounds that the case was long closed.” Affirmed.
Court: Oregon Court of Appeals, Judge: Aoyagi, Filed On: May 8, 2024, Case #: A180862, Categories: Habeas
J. Ortega finds the Board of Parole and Post-Prison Supervision properly declined to “sum and/or unsum” defendant's consecutive prison terms for aggravated murder and first-degree robbery when calculating his projected parole release date. One of defendant's two prison terms is for aggravated murder, so the board lacks authority to “sum” his consecutive prison terms.
Court: Oregon Court of Appeals, Judge: Ortega, Filed On: May 8, 2024, Case #: A177386, Categories: Murder, Parole, Sentencing
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J. Ortega finds the juvenile court properly terminated a mother’s parental rights to her three children. The mother’s mental health conditions interfere with her ability to prioritize children's needs. Affirmed.
Court: Oregon Court of Appeals, Judge: Ortega, Filed On: May 8, 2024, Case #: A182137, Categories: Family Law
J. Aoyagi finds the trial court properly ruled that defendant broke the law by moving his phone from the dash to his lap while driving. Officer’s testimony established that defendant “used” his cellphone within the meaning of the statute. Affirmed.
Court: Oregon Court of Appeals, Judge: Aoyagi, Filed On: May 8, 2024, Case #: A180213, Categories: Evidence
J. Powers finds the trial court plainly erred by failing to instruct the jury of the requisite culpable mental state concerning the value of the property stolen. However, based on other evidence, it had “little likelihood of affecting the verdict.” Affirmed.
Court: Oregon Court of Appeals, Judge: Powers, Filed On: May 8, 2024, Case #: A177109, Categories: Theft, Jury Instructions
J. Aoyagi finds the trial court properly awarded attorney fees in a supplemental judgment in favor of a real estate firm against two individuals. “Whether parties appearing pro se in civil litigation have a federal constitutional right to file and access court documents electronically, in the same manner as attorneys, is a complex legal question…reasonably in dispute,” so any error is not plain. Affirmed.
Court: Oregon Court of Appeals, Judge: Aoyagi, Filed On: May 8, 2024, Case #: A180510, Categories: Constitution, Attorney Fees
J. Hellman finds the trial court properly revoked defendant's probation and imposed a term of incarceration. “The remedy would be to reinstate defendant’s probation, which would overlap with the sentence in his subsequent case.” Dismissed.
Court: Oregon Court of Appeals, Judge: Hellman, Filed On: May 8, 2024, Case #: A178819, Categories: Probation, Sentencing
J. Aoyagi finds the trial court erred by treating a husband as “in default” for failing to personally appear at the dissolution trial and disallowing his attorney to appear for him. “Not allowing husband to participate in the dissolution trial through counsel resulted in a fundamentally unfair trial.” Reversed.
Court: Oregon Court of Appeals, Judge: Aoyagi, Filed On: May 8, 2024, Case #: A179068, Categories: Family Law
J. Aoyagi finds the trial court properly committed an individual based on her inability to care for her personal needs due to an intellectual disability. She was advised of her right to an attorney and the trial court appointed suitable legal counsel for her. Affirmed.
Court: Oregon Court of Appeals, Judge: Aoyagi, Filed On: May 8, 2024, Case #: A180977, Categories: Commitment
J. Joyce finds the juvenile court erred by granting a child’s paternal grandmother visitation and the right to travel internationally with the child. There was no evidence that without a visitation order, the mother and grandmother’s contentious relationship presents a risk of harm; “to the contrary, [the child] seems to be ‘impervious to the negative things.’” Reversed.
Court: Oregon Court of Appeals, Judge: Joyce, Filed On: May 8, 2024, Case #: A179522, Categories: Family Law
J. Hellman finds the trial court incorrectly instructed itself on the elements of third-degree robbery when determining whether defendant’s actions against the two people that he shot were justified by self-defense. “When the trial court incorporated those elements...it incorrectly instructed itself on the elements of third-degree robbery as related to self-defense.” Reversed.
Court: Oregon Court of Appeals, Judge: Hellman, Filed On: May 8, 2024, Case #: A175927, Categories: Murder, Theft
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. Lagesen finds the post-conviction court erred in denying relief on defendant's claim that trial counsel was constitutionally inadequate for not objecting to the trial court’s imposition of enhanced sentences. Counsel should have recognized "that the application of the statute would require a factual determination that at least one of the convictions…involved a separate criminal episode.” Reversed.
Court: Oregon Court of Appeals, Judge: Lagesen, Filed On: May 1, 2024, Case #: A178824, Categories: Ineffective Assistance, Sentencing, Sex Offender
J. Egan finds the trial court properly dismissed a trustee's claim that mine owners breached an agreement to sell a gold mine to the trust, seeking specific performance. “The complaint was required to be signed by an attorney, and it was not.” Affirmed.
Court: Oregon Court of Appeals, Judge: Egan, Filed On: May 1, 2024, Case #: A179038, Categories: Trusts
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. Egan finds the trial court properly committed an individual. “Appellant’s behavior prior and up to the commitment hearing provided the trial court sufficient evidence to determine that appellant was” highly likely to engage in violent behavior. Affirmed.
Court: Oregon Court of Appeals, Judge: Egan, Filed On: May 1, 2024, Case #: A180059, Categories: Commitment
J. Powers finds the trial court properly resolved a dissolution dispute related to property. A husband paid off a mortgage from a “personal” bank account, the property never generated income, and the wife never lived in the house or contributed to it in any manner. Affirmed.
Court: Oregon Court of Appeals, Judge: Powers, Filed On: May 1, 2024, Case #: A176322, Categories: Family Law
Per curiam, the Appeals Court finds the trial court erred by denying a wife’s petition to set aside the default judgment in this dissolution case. “The default judgment, rendered without a further hearing or evidence, exceeded the terms alleged by husband.” Reversed.
Court: Oregon Court of Appeals, Judge: Per curiam, Filed On: May 1, 2024, Case #: A178809, Categories: Family Law
J. Powers finds the juvenile court properly changed the permanency plan for the father’s child. Record of the child’s trauma and diagnoses “establishes that parenting [the child] requires emotional stability in a calm environment that focuses on [the child’s] specific needs.” Affirmed.
Court: Oregon Court of Appeals, Judge: Powers, Filed On: May 1, 2024, Case #: A180913, Categories: Family Law
J. Powers finds the trial court erred in applying a “community standard of care” instead of the “deliberate indifference” standard applicable to a medical habeas claim. “The trial court’s reasoning does not address whether plaintiff suffered ‘unnecessary and wanton infliction of pain’ by prison officials” as required. Reversed.
Court: Oregon Court of Appeals, Judge: Powers, Filed On: May 1, 2024, Case #: A175798, Categories: Habeas, Prisoners' Rights
J. Hellman finds the trial court properly denied defendant’s request for a legal advisor. “Defendant accepted a court-appointed attorney to advise her on that issue and then accepted counsel’s representation for trial.” Affirmed.
Court: Oregon Court of Appeals, Judge: Hellman, Filed On: May 1, 2024, Case #: A177363, Categories: Experts
Per curiam, the Appeals Court finds the juvenile court properly terminated a mother’s parental rights. The “mother is unfit due to certain conduct and conditions that are seriously detrimental” to her child. Affirmed.
Court: Oregon Court of Appeals, Judge: Per curiam, Filed On: May 1, 2024, Case #: A182410, Categories: Family Law
J. Lagesen finds the Land Use Board of Appeals erred in remanding Jefferson County’s decision approving a property owner's application for a comprehensive plan map amendment and zone change. The property owner's application did not ask the county to add its land to the designated unincorporated community in the comprehensive plan or to alter the boundaries of the existing unincorporated community. Reversed.
Court: Oregon Court of Appeals, Judge: Lagesen, Filed On: May 1, 2024, Case #: A182390, Categories: Zoning