64 results for 'judge:"Aoyagi"'.
J. Aoyagi finds the juvenile court properly terminated a father’s parental rights. “Although there is evidence of an emotional bond, there is also evidence that that bond is not necessarily healthy for the children.” Affirmed.
Court: Oregon Court of Appeals, Judge: Aoyagi, Filed On: December 13, 2023, Case #: A181174, Categories: Family Law
J. Aoyagi finds the trial court properly concluded the evidence was legally sufficient to convict defendant of discharging a firearm in Portland. “There was sufficient evidence for the jury to find that defendant’s discharge of a firearm within Portland city limits was not done in the lawful defense of person or property.” Affirmed.
Court: Oregon Court of Appeals, Judge: Aoyagi, Filed On: November 22, 2023, Case #: A176880, Categories: Evidence, Firearms
J. Aoyagi finds the sentencing court properly included as a special condition of probation that defendant, who was convicted of harassment and domestic violence, must submit to polygraph examinations. “The claim of error is unpreserved, such that we are limited to plain-error review, and we conclude that the error is not plain.” Affirmed.
Court: Oregon Court of Appeals, Judge: Aoyagi, Filed On: November 8, 2023, Case #: A177356, Categories: Probation
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J. Aoyagi finds the juvenile court erred in not making written findings in support of committing petitioner to the Oregon Youth Authority. “A court commits legal error by not making the statutorily required written findings, regardless of whether anyone requested them, and regardless of whether the evidence supports the disposition.” Reversed.
Court: Oregon Court of Appeals, Judge: Aoyagi, Filed On: November 8, 2023, Case #: A177806, Categories: Juvenile Law
J. Aoyagi finds the parole board erred by setting a sex offender’s risk level in the community. “The only plausible interpretation of the rule required the board to use the attending rules and research on the Static-99R website regarding sex-offense-free time in the community.” Reversed.
Court: Oregon Court of Appeals, Judge: Aoyagi, Filed On: November 8, 2023, Case #: A174855, Categories: Sentencing, Sex Offender
J. Aoyagi finds the trial court properly allowed evidence gathered after a records check during a traffic stop. “The evidence establishes a reasonable, circumstance-specific relationship between the warrants check…and the lawful purpose of the traffic stop.” Affirmed.
Court: Oregon Court of Appeals, Judge: Aoyagi, Filed On: October 18, 2023, Case #: A175546, Categories: Firearms, Search
J. Aoyagi finds the trial court erred when it compared only the monetary terms of the judgment and offer in conducting its analysis and did not account for a nonmonetary term of the judgment. On remand, the court should conduct the necessary proceedings and determine whether the judgment as a whole is more or less favorable to the individual than the van seller's pre-arbitration offer. Reversed.
Court: Oregon Court of Appeals, Judge: Aoyagi, Filed On: October 4, 2023, Case #: A177639, Categories: Arbitration
J. Aoyagi finds the trial court erred by imposing a special condition of probation regarding polygraph examinations that it did not announce in open court at sentencing. The state concedes the error. Reversed.
Court: Oregon Court of Appeals, Judge: Aoyagi, Filed On: October 4, 2023, Case #: A178944, Categories: Probation
J. Aoyagi finds the trial court properly denied defendant relief on his claim for inadequate assistance of counsel at sentencing. “Petitioner may believe that counsel’s argument would have been more effective if presented differently, but we are unpersuaded that it was constitutionally inadequate for counsel to argue as he did.” Affirmed.
Court: Oregon Court of Appeals, Judge: Aoyagi, Filed On: August 9, 2023, Case #: A176080, Categories: Ineffective Assistance, Sentencing
J. Aoyagi finds the trial court properly admitted statements made by the prosecutor during rebuttal closing argument. “It is not beyond dispute that the prosecutor’s statements were so prejudicial as to have denied defendant a fair trial, which is the standard on plain-error review.” Affirmed.
Court: Oregon Court of Appeals, Judge: Aoyagi, Filed On: August 9, 2023, Case #: A177420, Categories: Fair Trial, Prosecutorial Misconduct
J. Aoyagi finds the trial court erred in convicting defendant of interfering with public transportation. “The evidence was legally insufficient to find [defendant] guilty.” Reversed.
Court: Oregon Court of Appeals, Judge: Aoyagi, Filed On: August 9, 2023, Case #: A176685, Categories: Evidence
J. Aoyagi finds the trial court properly denied a motion to strike statements by the prosecutor during rebuttal closing arguments. “We are unpersuaded that the prosecutor’s statements in this case were so prejudicial that the trial court could not have stricken them or given a curative instruction and, instead, had to declare a mistrial.” Affirmed.
Court: Oregon Court of Appeals, Judge: Aoyagi, Filed On: August 9, 2023, Case #: A176785, Categories: Fair Trial, Prosecutorial Misconduct, Dui
J. Aoyagi finds the juvenile court properly asserted dependency jurisdiction over a mother’s two-year-old child based on the mother’s substance abuse interfering with her ability to safely parent the child. “Three to four weeks of sobriety is a good start, but it does not defeat a finding of a ‘current’ threat on this record.” Affirmed.
Court: Oregon Court of Appeals, Judge: Aoyagi, Filed On: July 26, 2023, Case #: A179958, Categories: Family Law
J. Aoyagi finds the juvenile court erred by asserting dependency jurisdiction over a child and making her a ward of the court. “Although we share the juvenile court’s concerns regarding mother’s failure to engage in services, this evidentiary record was insufficient to establish a current threat of serious loss or injury to [the child] from mother’s conduct.” Reversed.
Court: Oregon Court of Appeals, Judge: Aoyagi, Filed On: July 26, 2023, Case #: A180452, Categories: Family Law
J. Aoyagi finds the trial court properly determined an FED judgment was preclusive that the individual and his father did not have an enforceable oral agreement regarding ownership of the property. Affirmed.
Court: Oregon Court of Appeals, Judge: Aoyagi, Filed On: July 26, 2023, Case #: A176530, Categories: Property
J. Aoyagi finds the trial court erred in its PPS calculation for defendant, convicted of criminal mischief and failure to perform the duties of a driver. The state concedes the error. The matter is remanded for resentencing. Affirmed.
Court: Oregon Court of Appeals, Judge: Aoyagi, Filed On: July 26, 2023, Case #: A177021, Categories: Contract
J. Aoyagi adheres to the former opinion in this case but allows reconsideration. “We may decide that costs generally should be disallowed in a particular type of case. Otherwise, a decision to disallow costs in an individual case will necessarily be based on the individual circumstances of that case.”
Court: Oregon Court of Appeals, Judge: Aoyagi, Filed On: July 12, 2023, Case #: A163421, Categories: Damages
J. Aoyagi finds the trial court misapplied the FAPA restraining order renewal standard. “We misstated the renewal standard in Dehkordi, as we failed to take into account a recent legislative amendment to FAPA that indirectly affected that standard.” Reversed.
Court: Oregon Court of Appeals, Judge: Aoyagi, Filed On: July 12, 2023, Case #: A178936, Categories: Family Law, Restraining Order
J. Aoyagi finds the trial court erred in ruling that it lacked authority under ORS 137.717(6) to consider a downward departure from the presumptive repeat property offender (REPO) sentences. “If the legislature had intended for a person on probation for a crime listed in subsection (2) to be ineligible for a sentence reduction, it presumably would have said that.” The matter is remanded for resentencing.
Court: Oregon Court of Appeals, Judge: Aoyagi, Filed On: July 12, 2023, Case #: A176937, Categories: Sentencing, Theft
J. Aoyagi finds the trial court erred in convicting defendant of second-degree burglary on insufficient evidence. “Unless every criminal trespass into an unlocked building containing items that could be stolen is to be treated automatically as second-degree burglary, there must be some evidence linking the criminal trespass to an intention to commit theft.” Reversed.
Court: Oregon Court of Appeals, Judge: Aoyagi, Filed On: June 28, 2023, Case #: A177429, Categories: Burglary, Evidence, Trespass