52 results for 'judge:"Tookey"'.
J. Tookey finds the trial court properly committed appellant to the Oregon Health Authority together with an order prohibiting him from possessing or purchasing firearms. It is “reasonably in dispute whether the trial court violated [the law] in failing to advise appellant of a possible firearm prohibition order.” Affirmed.
Court: Oregon Court of Appeals, Judge: Tookey, Filed On: October 25, 2023, Case #: A179630, Categories: Commitment, Firearms
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J. Tookey finds the trial court erred by dismissing a 2020 action after granting summary judgment for defendant on the basis that the 2020 action was barred by plaintiff’s voluntary dismissal with prejudice of the 2019 action. “Dismissal of the 2019 action precluded plaintiff’s 2020 action.” Reversed.
Court: Oregon Court of Appeals, Judge: Tookey, Filed On: September 13, 2023, Case #: A175911, Categories: Choice Of Law
J. Tookey finds the trial court erred in failing to strike improper vouching by the prosecutor during closing argument or to declare a mistrial for defendant convicted of first-degree sodomy. “Prosecutor’s statements during closing argument and rebuttal encouraged the jury to decide the case on an improper basis.” Reversed.
Court: Oregon Court of Appeals, Judge: Tookey, Filed On: August 30, 2023, Case #: A176205, Categories: Prosecutorial Misconduct, Sex Offender
J. Tookey finds the trial court erred in denying an individual's request for $8,000 in fees-on-fees. Filing exceptions and requesting fees-on-fees are “distinct processes governed by distinct legal provisions” that do not limit the trial court’s ability to separately award the individual fees-on-fees.
Court: Oregon Court of Appeals, Judge: Tookey, Filed On: August 30, 2023, Case #: A172429, Categories: Attorney Fees
J. Tookey finds the juvenile court properly found a juvenile guilty for acts that, if committed by an adult, would constitute first-degree rape and second-degree sexual abuse. “A rational trier of fact could have found the essential elements of first-degree rape beyond a reasonable doubt.” Affirmed.
Court: Oregon Court of Appeals, Judge: Tookey, Filed On: July 6, 2023, Case #: A176952, Categories: Juvenile Law, Sex Offender
J. Tookey finds the trial court erred in denying motions to strike in an anti-SLAPP case brought against three public officials. “Each defendant’s conduct was in furtherance of the exercise of the…constitutional right of free speech in connection with a public issue or an issue of public interest.” Reversed.
Court: Oregon Court of Appeals, Judge: Tookey, Filed On: July 6, 2023, Case #: A177995, Categories: Anti-slapp, First Amendment
J. Tookey finds the trial court erred in determining parenting time in a dissolution case. “The trial court focused on charges against husband in a separate case and the effect that husband’s personal disputes with wife had on the children; however, the trial court’s decision does not reflect a best-interests determination based on consideration of all the statutorily prescribed factors.” Reversed.
Court: Oregon Court of Appeals, Judge: Tookey, Filed On: July 6, 2023, Case #: A176431, Categories: Family Law
J. Tookey finds BOPPS properly determined on remand that petitioner incorrectly classified as a Level 3 sex offender for a misdemeanor sex offense in another state. The remand “did not provide an opportunity for petitioner to relitigate the entire determination, to raise new arguments, or to raise again challenges to BOPPS’s risk assessment.” Affirmed.
Court: Oregon Court of Appeals, Judge: Tookey, Filed On: June 22, 2023, Case #: A177063, Categories: Sex Offender
J. Tookey finds the Employment Appeals Board erred in upholding an employer’s denial for unemployment compensation for a nurse who was fired after refusing a Covid-19 vaccination. “Since the law specifically allows for a religious exemption from vaccination, the state cannot condition the receipt of unemployment benefits on a worker’s willingness to be vaccinated if receiving the vaccine is, in fact, forbidden by the worker’s sincerely held religious beliefs.” Reversed.
Court: Oregon Court of Appeals, Judge: Tookey, Filed On: June 22, 2023, Case #: A177971, Categories: Employment, First Amendment
J. Tookey finds the trial court properly suppressed statements made during police questioning. “The evidence would have allowed the trial court to determine that defendant was in compelling circumstances based on the amount of pressure exerted on defendant and that a reasonable person in defendant’s position would not have perceived that they were free to terminate the encounter.” Affirmed.
Court: Oregon Court of Appeals, Judge: Tookey, Filed On: June 7, 2023, Case #: A176881, Categories: Evidence
J. Tookey finds the trial court properly dismissed a tenant's motion in a forcible entry and detainer action. “It is the landlord’s responsibility to determine in good faith whether the violation is one that reasonably can be cured by one of the [listed] means…within the notice period required.” Affirmed.
Court: Oregon Court of Appeals, Judge: Tookey, Filed On: May 17, 2023, Case #: A176826, Categories: Landlord Tenant