45 results for 'judge:"Mooney"'.
J. Mooney finds the juvenile court properly changed the permanency plan for two children from reunification to adoption. The children are at “significant risk of harm resulting from sexual and physical abuse from father and [the court] was not persuaded that mother will protect children from father if the plan remains reunification.” Affirmed.
Court: Oregon Court of Appeals, Judge: Mooney, Filed On: September 13, 2023, Case #: A180455, Categories: Family Law
J. Mooney finds the juvenile court erred by issuing a judgment regarding the allegation of a mother’s failure to seek timely medical care for her child when he presented with behaviors concerning for controlled substance exposure. DHS concedes the error. Reversed.
Court: Oregon Court of Appeals, Judge: Mooney, Filed On: September 7, 2023, Case #: A180621, Categories: Family Law
J. Mooney finds the sentencing court properly ordered defendant, convicted of property crimes against his mother, to submit to polygraph tests. “The polygraph condition was reasonably related to defendant’s rehabilitation.” Affirmed.
Court: Oregon Court of Appeals, Judge: Mooney, Filed On: September 7, 2023, Case #: A177411, Categories: Probation, Theft
J. Mooney finds trial court properly issued a post-judgment order that denies an individual's motion for entry of partial satisfaction of judgment in a loan dispute. The individual did not pursue a writ of execution within 10 days of the order and the sale of collateral authorized by the judgment, to satisfy the debt, did not occur.
Court: Oregon Court of Appeals, Judge: Mooney, Filed On: August 16, 2023, Case #: A175509, Categories: Attorney Fees, Contract
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J. Mooney finds the trial court erred in ordering defendant to pay restitution to the county for interfering with a peace officer. “The record does not support the conclusion that the county is a ‘victim,’ and the state has failed to develop an argument that the county is a victim.” Reversed.
Court: Oregon Court of Appeals, Judge: Mooney, Filed On: August 16, 2023, Case #: A175808, Categories: Restitution
J. Mooney finds the trial court properly denied a motion to suppress evidence for defendant, convicted of possession of methamphetamine. The officer had information that there was a knife in the car, therefore he was authorized to search the car for the knife and other evidence of a parole violation. Affirmed.
Court: Oregon Court of Appeals, Judge: Mooney, Filed On: August 16, 2023, Case #: A175647, Categories: Drug Offender, Evidence
J. Mooney finds the trial court properly declared that the legal nonconforming use of property as a private tennis club had been lost, enjoined the property owners from operating a sports club on that property, and ordered them to use and develop the property in conformity with applicable residential zoning regulations. Affirmed.
Court: Oregon Court of Appeals, Judge: Mooney, Filed On: August 16, 2023, Case #: A173594, Categories: Real Estate
J. Mooney finds the county properly invoked Lane Code (LC) 14.090(8)(a)(iv)3 to revoke legal lot verification after concluding that the verification had been secured by false or misleading information.
Court: Oregon Court of Appeals, Judge: Mooney, Filed On: August 16, 2023, Case #: A180799, Categories: Real Estate
J. Mooney finds the trial court erred in granting summary judgment to the city where an individual slipped and fell, injuring herself. Issues of material fact exist about the individual's use of the trail. Reversed.
Court: Oregon Court of Appeals, Judge: Mooney, Filed On: July 6, 2023, Case #: A177242, Categories: Government
J. Mooney finds the trial court erred in deciding to award attorney fees in a failed marijuana venture. The factors the court considered “do not apply to a request for a mandatory award of fees.” Reversed.
Court: Oregon Court of Appeals, Judge: Mooney, Filed On: June 22, 2023, Case #: A175537, Categories: Attorney Fees
J. Mooney finds the juvenile court properly adjudicated a youth for assaulting a police officer while the officer attempted to save her from a heroin overdose. Defendant was “criminally negligent” for kicking the officer in the knee several times while he tried to help her. Affirmed.
Court: Oregon Court of Appeals, Judge: Mooney, Filed On: June 14, 2023, Case #: A175638, Categories: Juvenile Law, Assault
J. Mooney finds, on remand from the Supreme Court, that the trial court properly convicted defendant of criminal negligence. “The evidence was legally sufficient to support a finding that defendant acted with criminal negligence with respect to the amount-of-damage element of first-degree criminal mischief.” Affirmed.
Court: Oregon Court of Appeals, Judge: Mooney, Filed On: May 24, 2023, Case #: A171443, Categories: Evidence, Criminal Negligence