51 results for 'judge:"Joyce"'.
J. Joyce finds the trial court erred by overruling defendant’s objection to statements the prosecutor made during closing argument that “improperly shifted the burden of production” onto defendant, leading to his conviction for sex offenses. “The prosecutor’s improper arguments were harmful to defendant’s main theory of defense and…had some likelihood of affecting the jury’s verdict.” Reversed.
Court: Oregon Court of Appeals, Judge: Joyce, Filed On: October 18, 2023, Case #: A176556, Categories: Prosecutorial Misconduct, Sex Offender
J. Joyce finds a mother’s objections to a judgment that changed the permanency plan for her child from reunification to guardianship are unpreserved. “Mother does not request plain error review, and…any error was not plain.” Affirmed.
Court: Oregon Court of Appeals, Judge: Joyce, Filed On: October 4, 2023, Case #: A180763, Categories: Family Law
J. Joyce finds the trial court erred when it found that a father had willfully neglected, without just and sufficient cause, to provide proper care and maintenance for child during the year immediately preceding the mother’s adoption petition. “Mother failed to prove…that father willfully neglected without just and sufficient cause to provide proper care and maintenance for the child.” Reversed.
Court: Oregon Court of Appeals, Judge: Joyce, Filed On: August 23, 2023, Case #: A180312, Categories: Family Law
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Joyce finds the post-conviction court properly denied relief to defendant, convicted of drug offenses. “Given that petitioner has admitted that he was guilty of the substantive crime, the validity of his convictions cannot be affected by any antecedent constitutional infirmity of the police’s search because his convictions do not rest in any way on evidence that may have been improperly seized; instead, his convictions rest on his guilty plea.” Affirmed.
Court: Oregon Court of Appeals, Judge: Joyce, Filed On: August 23, 2023, Case #: A175317, Categories: Drug Offender, Evidence, Sentencing
J. Joyce finds the juvenile court properly calculated child support between parents. “Father has not designated the transcript of those proceedings on appeal,” making his argument “unreviewable.” Affirmed.
Court: Oregon Court of Appeals, Judge: Joyce, Filed On: August 23, 2023, Case #: A179534, Categories: Family Law
J. Joyce finds the trial court properly convicted defendant of DUII. “Even if the substance of the instruction itself is not plain error, the instruction was unsupported by the evidence and was likely to confuse the jury.” Affirmed.
Court: Oregon Court of Appeals, Judge: Joyce, Filed On: August 9, 2023, Case #: A176798, Categories: Evidence, Dui
J. Joyce finds the Workers’ Compensation Board properly applied the so-called "firefighters’ presumption" when it reversed an employer’s denial of the firefighter's occupational disease claim. “Employer may rebut the presumption—and may deny a claim for a condition or health impairment caused by the disease—only ‘on the basis of clear and convincing medical evidence that the condition or impairment was not caused or contributed to in material part by the firefighter’s employment.’” Affirmed.
Court: Oregon Court of Appeals, Judge: Joyce, Filed On: August 9, 2023, Case #: A177746, Categories: Workers' Compensation
J. Joyce finds the trial court erred when it allowed the prosecutor to impermissibly shift the burden of proof during rebuttal closing argument in an unauthorized use of a vehicle trial. “Given that the defense theory was that the state had failed to prove that defendant knew she did not have permission to take the vehicle, the prosecutor’s improper arguments encouraging the jury to disregard defendant’s testimony as uncorroborated were ‘harmful to the main theory of defendant’s case.’” Reversed.
Court: Oregon Court of Appeals, Judge: Joyce, Filed On: July 26, 2023, Case #: A177034, Categories: Prosecutorial Misconduct
J. Joyce finds the juvenile court erred by finding that the youth was within the jurisdiction of the juvenile court based on acts that, if committed by an adult, would constitute interfering with a police officer. “The juvenile court did not find that youth knowingly refused [the officer’s] order to stop.” Reversed.
Court: Oregon Court of Appeals, Judge: Joyce, Filed On: July 26, 2023, Case #: A176312, Categories: Juvenile Law
J. Joyce finds the trial court erred in denying a father’s motion to enforce the parties’ supplemental stipulated dissolution judgment. “Because it is the dispositive question, we vacate the trial court’s judgment and remand for the trial court to determine whether, under ORS 107.104’s framework, the agreement to terminate child support upon mother’s failure to comply with the educational provisions is consistent with public policy.” Vacated.
Court: Oregon Court of Appeals, Judge: Joyce, Filed On: July 12, 2023, Case #: A176223, Categories: Family Law
J. Joyce finds the trial court properly convicted defendant of first-degree rape. “The proposed jury instruction that trial counsel proffered was an incorrect statement of the law. Given that concession, the post-conviction court did not err in denying relief on petitioner’s claim that appellate counsel unreasonably failed to assign error to the trial court’s refusal to give that same instruction. The post-conviction court correctly denied relief.” Affirmed.
Court: Oregon Court of Appeals, Judge: Joyce, Filed On: July 12, 2023, Case #: A176101, Categories: Ineffective Assistance, Sentencing, Sex Offender
J. Joyce finds the juvenile court properly changed the permanency plan for a child from reunification to adoption. “Parents did not carry the burden of demonstrating that ‘[a]nother permanent plan is better suited to meet [A’s] health and safety needs’ so that a compelling reason exists not to file a termination petition.” Affirmed.
Court: Oregon Court of Appeals, Judge: Joyce, Filed On: July 12, 2023, Case #: A179463, Categories: Family Law
J. Joyce finds the Workers’ Compensation Board properly determined that claimant’s workplace injury did not cause impairment. “Claimant has not proven entitlement to an award of permanent partial disability to her lower back.” Affirmed.
Court: Oregon Court of Appeals, Judge: Joyce, Filed On: June 7, 2023, Case #: A177672, Categories: Workers' Compensation
J. Joyce finds the trial court properly declined to acquit defendant who was convicted as a felon with a firearm even though the charge was nonviolent. Considering the Second Amendment, “it was generally understood that those who were not ‘virtuous and law abiding' fell outside the [amendment’s] protections.” Affirmed.
Court: Oregon Court of Appeals, Judge: Joyce, Filed On: June 7, 2023, Case #: A174543, Categories: Firearms
J. Joyce finds the juvenile court properly changed a permanency plan from reunification to adoption. “Due to her cognitive limitations, mother does not have the ability to safely parent [daughter] without support, yet mother has had inconsistent contact with DHS for significant periods of time and has not demonstrated a willingness to accept that support.” Affirmed.
Court: Oregon Court of Appeals, Judge: Joyce, Filed On: May 17, 2023, Case #: A179657, Categories: Family Law
J. Joyce finds the trial court erred in convicting defendant of two counts of first-degree rape for a single encounter. “Entering a criminal conviction without sufficient proof — let alone without any proof — ‘is of constitutional magnitude’ in that it violates the Due Process Clause of the Fourteenth Amendment of the United States Constitution.” Reversed.
Court: Oregon Court of Appeals, Judge: Joyce, Filed On: May 17, 2023, Case #: A176194, Categories: Evidence, Sex Offender