61 results for 'judge:"Ortega"'.
J. Oretga finds the trial court erred in issuing a sentence denying defendant, convicted of assault, eligibility for post-conviction programs, but finds the court should not correct the error because the requisite findings could have been supported by the record. The state concedes the error. Reversed.
Court: Oregon Court of Appeals, Judge: Ortega, Filed On: November 15, 2023, Case #: A176871, Categories: Sentencing, Assault
J. Ortega finds the post-conviction court properly sentenced defendant to a 75-month prison sentence for two counts of first-degree sexual abuse against his step-granddaughters. “Applying the mandatory minimum sentence to his crimes would not ‘shock the moral sense’ of reasonable people in light of his conduct.” Affirmed.
Court: Oregon Court of Appeals, Judge: Ortega, Filed On: October 25, 2023, Case #: A177936, Categories: Sentencing, Sex Offender, Child Victims
J. Ortega finds the juvenile court erred by determining that DHS made reasonable efforts toward reunification of a mother with her 20-month-old son. “The record here does not establish that sending an outside provider into the prison was the only or necessary means to provide mother with a substance abuse evaluation while incarcerated.” Reversed.
Court: Oregon Court of Appeals, Judge: Ortega, Filed On: October 25, 2023, Case #: A180845, 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. Ortega finds the trial court erred in imposing long prison and post-prison supervision terms against defendant. “Defendant’s challenge to the length of the prison term is not reviewable, and although he is correct that the court erroneously calculated the PPS term, that error is harmless.” Affirmed.
Court: Oregon Court of Appeals, Judge: Ortega, Filed On: October 11, 2023, Case #: A177755, Categories: Sentencing
J. Ortega finds the trial court abused its discretion in denying a father’s motion to appoint a custody evaluator. “The court’s implicit finding that a custody evaluation would not add relevant information that could not otherwise be generated in an adversarial hearing is not supported by the record, particularly in light of the court’s finding that mother’s psychological state is a ‘crucial’ issue.” Reversed.
Court: Oregon Court of Appeals, Judge: Ortega, Filed On: October 11, 2023, Case #: A175822, Categories: Family Law
J. Ortega finds the trial court erred because the Due Process Clause of the United States Constitution required application of the corpus delicti rule to his confession for having violated a condition of his probation. The appeal is unpreserved. Affirmed.
Court: Oregon Court of Appeals, Judge: Ortega, Filed On: October 11, 2023, Case #: A178001, Categories: Probation, Due Process
J. Ortega finds the trial court properly entered judgment for The First Christian Church of the Dalles, Oregon on claims for direct and vicarious liability for the sex abuse of a minor by an assistant in the church’s youth group. The individual's arguments are foreclosed by Haas v. Estate of Carter. Affirmed.
Court: Oregon Court of Appeals, Judge: Ortega, Filed On: September 27, 2023, Case #: A173412, Categories: Premises Liability
J. Ortega finds the trial court properly determined that officer-safety concerns, reasonable suspicion and probable cause justified extending a traffic stop to order defendant out of his truck and to handcuff him, which led to discovery of disputed evidence. The officer’s "actions up to the point of handcuffing defendant did not violate defendant’s constitutional rights.” Affirmed.
Court: Oregon Court of Appeals, Judge: Ortega, Filed On: September 27, 2023, Case #: A174471, Categories: Drug Offender, Evidence
J. Ortega finds the trial court erred by committing appellant to the Addiction and Mental Health Division based on her violation of a “conditional release” agreement that did not conform to the statutory provisions for conditional release. The state concedes the error. Reversed.
Court: Oregon Court of Appeals, Judge: Ortega, Filed On: September 20, 2023, Case #: A180733, Categories: Commitment
J. Ortega finds the juvenile court properly denied a mother’s motions to invalidate the proceedings and dismiss the dependency petitions. “The court made the required active-efforts determination during each shelter hearing, so there was no violation of ORICWA.”
Court: Oregon Court of Appeals, Judge: Ortega, Filed On: September 20, 2023, Case #: A179159, Categories: Family Law
J. Ortega finds the juvenile court properly determined that termination of mother’s parental rights was in her children’s best interest. “The children are strongly bonded to their current family, where they have stabilized and improved.” Affirmed.
Court: Oregon Court of Appeals, Judge: Ortega, Filed On: August 30, 2023, Case #: A180293, Categories: Family Law
J. Ortega finds the juvenile court properly changed three children’s permanency plans from reunification to adoption. “Father and mother still lack insight into the traumatic impact of the excessive discipline they administered and supported.” Affirmed.
Court: Oregon Court of Appeals, Judge: Ortega, Filed On: August 9, 2023, Case #: A180233, Categories: Juvenile Law
J. Ortega finds the Board of Parole and Post-Prison Supervision erred in deferring defendant's parole consideration for 24 months. The Board lacked substantial reason for its decision. Reversed.
Court: Oregon Court of Appeals, Judge: Ortega, Filed On: August 9, 2023, Case #: A174283, Categories: Parole
J. Ortega finds the trial court erred by denying an individual's special motion to strike under Oregon’s anti-SLAPP statute, regarding a doctor's claims filed after a patient informed him that she intended to file a civil complaint alleging that he had sexually assaulted her. The individual established that the doctor's claims arose out of protected activity, and that he “failed to establish that there is a probability that he will prevail on his tort claims by presenting substantial evidence to support a prima facie case on each claim.” Reversed.
Court: Oregon Court of Appeals, Judge: Ortega, Filed On: July 26, 2023, Case #: A176456, Categories: Anti-slapp
J. Ortega finds the trial court erred by permanently revoking driving privileges of a defendant convicted of DUII, which the state concedes was erroneous. Defendant’s Alaska DUII conviction should not have been considered in the revocation since the elements in both of the relevant statutes are not the same. Reversed in part.
Court: Oregon Court of Appeals, Judge: Ortega, Filed On: July 19, 2023, Case #: A176393, Categories: Criminal Procedure, Sentencing, Dui
J. Ortega finds the trial court properly admitted evidence of defendant’s prior uncharged acts and properly conducted the required balancing for unfair prejudice. “The state offered evidence that defendant looked down (victim’s) dress and made comments about her body for the purpose of proving his 'sexual predisposition towards' (victim), thereby offering context showing that the charged acts had a sexual purpose.” Affirmed.
Court: Oregon Court of Appeals, Judge: Ortega, Filed On: July 19, 2023, Case #: A175902, Categories: Constitution, Evidence, Sex Offender
J. Ortega finds the trial court erred in issuing a summary contempt judgment against the Oregon Health Authority for failure to transfer a civilly committed person to either a secured treatment facility or the Oregon State Hospital. “It was not conduct that occurred in the courtroom during a judicial proceeding, nor was it conduct that the judge personally witnessed.” Reversed.
Court: Oregon Court of Appeals, Judge: Ortega, Filed On: July 12, 2023, Case #: A179181, Categories: Contempt, Commitment
J. Ortega finds the trial court properly denied a father’s motion for acquittal for exposing himself to his teen daughter. “There was sufficient evidence…that defendant’s bedroom was part of a ‘residence’ and thus a ‘place where another person has a reasonable expectation of privacy.’” Reversed.
Court: Oregon Court of Appeals, Judge: Ortega, Filed On: June 14, 2023, Case #: A177908, Categories: Sex Offender, Child Victims
J. Ortega finds the trial court erred in granting summary judgment to a hospital after a patient, who suffers from paranoid schizophrenia, stabbed his mother. The facts support the conclusion that the hospital and treating doctors owed a duty of care that extended to the patient's mother. Reversed.
Court: Oregon Court of Appeals, Judge: Ortega, Filed On: June 14, 2023, Case #: A174706, Categories: Family Law, Health Care
J. Ortega finds the juvenile court properly ruled that the Department of Human Services failed to prove the mother was unfit to parent her three children. While the mother's "longstanding conduct of emotional dysregulation in front of -- and at times toward -- her children is harmful, under these circumstances -- and on this record -- it does not present a risk of the type of seriously detrimental harm to the children that justifies or requires termination of mother's parental rights." Affirmed.
Court: Oregon Court of Appeals, Judge: Ortega, Filed On: May 24, 2023, Case #: A178519, Categories: Family Law