45 results for 'judge:"Mooney"'.
J. Mooney finds the trial court violated defendant’s right to self-representation when it failed to inquire whether his request to represent himself was “knowingly and intelligently” made. “Although the trial court eventually granted defendant’s motion to represent himself, it did not do so until the day of trial.” Reversed.
Court: Oregon Court of Appeals, Judge: Mooney, Filed On: May 15, 2024, Case #: A178715, Categories: Robbery, Self Representation
J. Mooney finds the trial court properly granted an industrial property seller's motion for directed verdict in a case involving an active underground storage tank. The buyer “had actual knowledge of the existence and location of the UST prior to the purchase.” Affirmed.
Court: Oregon Court of Appeals, Judge: Mooney, Filed On: April 24, 2024, Case #: A178469, Categories: Property
J. Mooney rejects petitioner’s appeal of his overall post-prison supervision term. “Petitioner presents no authority that would allow us to address a proportionality challenge in this context.” Affirmed.
Court: Oregon Court of Appeals, Judge: Mooney, Filed On: April 24, 2024, Case #: A180327, Categories: Sentencing
J. Mooney finds the trial court erred by failing to dismiss two counts against defendant. “The state violated defendant’s constitutional right to counsel when the lead detective intentionally listened to several recorded phone conversations between defendant and his attorney, which included privileged communications between them about trial strategy.” Reversed.
Court: Oregon Court of Appeals, Judge: Mooney, Filed On: April 24, 2024, Case #: A177025, Categories: Constitution
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J. Mooney finds the trial court did not deprive defendant of his “right to procedural due process.” Defendant, who was sleeping in a post office branch, “does not have a protected liberty interest that entitles him to enter and remain on the premises of that post office branch under those circumstances.” Affirmed.
Court: Oregon Court of Appeals, Judge: Mooney, Filed On: April 24, 2024, Case #: A178272, Categories: Trespass, Due Process
J. Mooney finds the trial court properly declined to acquit defendant of second-degree animal neglect involving a mare and her foal. The “state presented evidence that the very young, injured foal was found attempting to nurse from a mare with no milk supply.” Affirmed.
Court: Oregon Court of Appeals, Judge: Mooney, Filed On: April 24, 2024, Case #: A178592, Categories: Animal Cruelty
J. Mooney finds the trial court properly admitted a photograph allegedly showing defendant signed a U-Haul contract. “Exclusion of the duplicate solely because defendant denied that she signed it would have removed that evidence from the jury’s consideration, essentially usurping the jury’s role and weighing that piece of evidence for them.” Affirmed.
Court: Oregon Court of Appeals, Judge: Mooney, Filed On: April 3, 2024, Case #: A177721, Categories: Evidence, Vehicle
J. Mooney finds the juvenile court erred in changing the permanency plan for father’s son from reunification to adoption. “There was no evidence presented of any effort made by DHS to assist father with his impulse control issues, or to better understand [the child’s] emotional needs and build trust with him.” Reversed.
Court: Oregon Court of Appeals, Judge: Mooney, Filed On: April 3, 2024, Case #: A182039, Categories: Evidence, Family Law
J. Mooney finds the Board of Parole and Post-Prison Supervision properly declined to reduce defendant’s life sentence for aggravated murder of his wife. The board cited “petitioner’s unwillingness to enter AA or any similar twelve-step recovery program, his continued lack of insight into his crimes and the impact of those crimes on others, and his unwillingness to fully commit to severing his relationship with his daughters.” Affirmed.
Court: Oregon Court of Appeals, Judge: Mooney, Filed On: February 28, 2024, Case #: A178249, Categories: Murder, Parole, Sentencing
J. Mooney finds the trial court properly imposed restitution for repainting the exterior of a house that defendant damaged with fireworks. The homeowner “would not have incurred the expense of painting those two walls in the absence of defendant’s criminal conduct.” Affirmed.
Court: Oregon Court of Appeals, Judge: Mooney, Filed On: February 14, 2024, Case #: A178281, Categories: Restitution
J. Mooney finds the trial court properly ruled that the state’s title to the disputed strip of land on Hayden Island is superior to that of Thunderbird Hotel. “The state established that it has a substantial claim to the disputed property.” Affirmed.
Court: Oregon Court of Appeals, Judge: Mooney, Filed On: January 31, 2024, Case #: A178088, Categories: Property
J. Mooney finds the Land Use Board of Appeals properly ruled that it was without jurisdiction to review Eugene City Council’s adoption of an ordinance that LUBA determined was not a land use decision. Petitioner’s position is foreclosed by Ray v. Douglas County. Dismissed.
Court: Oregon Court of Appeals, Judge: Mooney, Filed On: January 31, 2024, Case #: A182565, Categories: Zoning
J. Mooney finds the trial court properly imposed restitution for the county’s labor costs associated with repairing the guardrail damaged by defendant. “The cost of repairing the guardrail was incurred because of defendant’s criminal activity and would be recoverable in a civil proceeding.” Affirmed.
Court: Oregon Court of Appeals, Judge: Mooney, Filed On: January 31, 2024, Case #: A177103, Categories: Restitution
J. Mooney finds the trial court properly convicted defendant of two separate crimes involving the same victim, based on distinct sets of facts that occurred on different days. “The court did not exclude any evidence. At most, it prohibited defendant from making an argument that was not supported by evidence.” Affirmed.
Court: Oregon Court of Appeals, Judge: Mooney, Filed On: December 28, 2023, Case #: A177245, Categories: Domestic Violence, Kidnapping, Menacing
J. Mooney finds that the trial court properly admitted statements made by the victim that were used to convict defendant of sodomy and sexual abuse. “The fact that the victim’s circumstances closely mirrored the general principles [the forensic interviewer] described did not indicate whether she did or did not believe the victim.” Affirmed.
Court: Oregon Court of Appeals, Judge: Mooney, Filed On: December 13, 2023, Case #: A176701, Categories: Evidence, Sex Offender, Child Victims
J. Mooney finds the Land Use Board of Appeals incorrectly interpreted ORS 92.044 (1961) 2 as a delegation of authority to Lane County to adopt approval standards for land divisions. “Petitioners’ predecessors in interest would not have been required to obtain county approval for the land division.” Reversed.
Court: Oregon Court of Appeals, Judge: Mooney, Filed On: December 6, 2023, Case #: A181949, Categories: Property
J. Mooney finds the trial court properly issued a general judgment against a hemp processor and others on a company's claims for replevin, breach of contract, claim and delivery, foreclosure of security interest, conversion, and money had and received. “It did not matter to the trial court who ultimately received the money because the mere intentional exercise of dominion or control, and not possession, of the chattel was all that was required.” Affirmed.
Court: Oregon Court of Appeals, Judge: Mooney, Filed On: October 25, 2023, Case #: A177697, Categories: Contract
J. Mooney finds the juvenile court erred by ordering a father to undergo a mental health assessment. “DHS was required to meet its burden of establishing the need for the assessment and its more than tenuous connection to the jurisdictional basis through evidence.” Reversed.
Court: Oregon Court of Appeals, Judge: Mooney, Filed On: October 25, 2023, Case #: A180886, Categories: Family Law
J. Mooney finds the juvenile court properly terminated father’s parental rights to his daughter on the basis of unfitness and neglect. “The benefits to [the child] of ending that relationship and freeing her for adoption outweigh the risk of harm posed by severing that relationship.” Affirmed.
Court: Oregon Court of Appeals, Judge: Mooney, Filed On: October 18, 2023, Case #: A179558, Categories: Family Law
J. Mooney finds the trial court properly issued a supplemental judgment imposing restitution based on defendant’s “no contest” plea to first-degree criminal mischief. “Imposing restitution in the amount required to restore the property to its original condition by replacing the doors” was reasonable. Affirmed.
Court: Oregon Court of Appeals, Judge: Mooney, Filed On: October 18, 2023, Case #: A176596, Categories: Restitution
J. Mooney, on remand from the Supreme Court, finds the trial court erred by granting summary judgment to Oregon Health and Science University on the defamation claim on the basis of absolute privilege. “Lowell II narrowed the application of absolute privilege and now operates to defeat summary judgment on plaintiff’s defamation claim.” Reversed.
Court: Oregon Court of Appeals, Judge: Mooney, Filed On: September 27, 2023, Case #: A172328, Categories: Defamation
J. Mooney finds the juvenile court properly denied a former ward’s request for an order directing DHS to destroy any health records remaining in its possession. “The obligation to keep records for a particular purpose says nothing about whether and when such records might be destroyed.” Affirmed.
Court: Oregon Court of Appeals, Judge: Mooney, Filed On: September 13, 2023, Case #: A180562, Categories: Administrative Law