734 results for 'court:"Oregon Court of Appeals"'.
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
J. James finds the trial court erred in convicting defendant of assault against an infant. “The record created on defendant’s motion to dismiss, coupled with the state’s stipulation that it would not prove whether the offenses occurred in Washington County, Oregon, Multnomah County, Oregon, or Clark County, Washington, demonstrates, beyond dispute, that the state cannot show that Oregon courts have subject matter jurisdiction over these offenses.” Reversed.
Court: Oregon Court of Appeals, Judge: James, Filed On: May 17, 2023, Case #: A175260, Categories: Assault, Child Victims
J. Aoyagi finds the trial court properly convicted defendant of failing to obey a traffic control device. “A rational factfinder could reasonably infer from the circumstantial evidence admitted at trial that defendant entered the crosswalk after his light turned yellow.” Affirmed
Court: Oregon Court of Appeals, Judge: Aoyagi, Filed On: May 17, 2023, Case #: A178054, Categories: Evidence
J. Kamins finds the prosecutor made improper statements during rebuttal closing argument that constituted improper burden shifting in a case convicting defendant of nine sexual offenses against the daughter of his mother’s partner. “By suggesting that defendant was required to present evidence to show that his confessions were false, the prosecutor distorted the burden of proof.” Reversed.
Court: Oregon Court of Appeals, Judge: Kamins, Filed On: May 17, 2023, Case #: A176285, Categories: Prosecutorial Misconduct, Sex Offender
J. Aoyagi finds defendant’s claim of error involving the trial court’s restitution order is unpreserved. “At the final hearing, defendant effectively withdrew his previous arguments that the court could not impose a more severe sentence—including a higher restitution amount—and argued only that the court should not do so because the victim was not credible and the state was being vindictive.” Affirmed.
Court: Oregon Court of Appeals, Judge: Aoyagi, Filed On: May 17, 2023, Case #: A176513, Categories: Sentencing, Restitution
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J. Egan finds the trial court properly denied property owners' relief on their claim for boundary by agreement. “The trial court was permitted to find that, in negotiating the ‘acre for acre’ land conveyance that forms the basis for plaintiffs’ boundary by agreement claim, the parties’ predecessors continued to rely on the ‘true’ boundary as described in the deeds.” Affirmed.
Court: Oregon Court of Appeals, Judge: Egan, Filed On: May 17, 2023, Case #: A176183, Categories: Property
J. Aoyagi finds the trial court properly entered an SPO after a romantic relationship ended. “Even assuming arguendo that the trial court agreed with respondent that petitioner committed fraud, it was intrinsic fraud, not extrinsic fraud, and therefore did not provide a basis for set-aside.” Affirmed.
Court: Oregon Court of Appeals, Judge: Aoyagi, Filed On: May 17, 2023, Case #: A175899, Categories: Animal Cruelty
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. Kamins finds the post-conviction court erred in denying defendant's motion for post-conviction relief. Defendant was sentenced to death for the aggravated murder, sexual abuse and abuse of a corpse of a three-year-old child. Defendant has not shown that trial counsel's performance was deficient and had not proven prejudice. "The post-conviction court erred in granting summary judgment on an alternative basis—that petitioner had failed to allege facts that were sufficient to establish a claim for actual innocence." Reversed as to defendant's actual innocence claim. Affirmed in part.
Court: Oregon Court of Appeals, Judge: Kamins, Filed On: May 17, 2023, Case #: A153283, Categories: Death Penalty
J. Aoyagi finds the juvenile court erred in modifying a mother’s parenting time and child support provisions. “There is an internal inconsistency in the modification judgment as to the number of overnights that the child is to spend with each parent, which appears to be the result of the trial court adopting father’s proposed parenting-time plan, which itself contained an internal inconsistency.” Vacated.
Court: Oregon Court of Appeals, Judge: Aoyagi, Filed On: May 17, 2023, Case #: A176985, Categories: Family Law
J. Shorr finds the trial court erred in failing to suppress evidence gathered during a traffic stop. “Where, as here, an officer lacks reasonable suspicion when a stop occurs, the stop is unlawful and all evidence discovered as a result of the unlawful police action is presumed tainted by the violation and must be suppressed.” Reversed.
Court: Oregon Court of Appeals, Judge: Shorr, Filed On: May 17, 2023, Case #: A175797, Categories: Drug Offender, Evidence
J. Kamins finds the trial court erred in granting summary judgment in a Uniform Fraudulent Transfers Act case. A genuine question exists as to whether the debtor indirectly transferred some of his assets to an individual by paying for a new truck but putting the title in her name. Reversed.
Court: Oregon Court of Appeals, Judge: Kamins, Filed On: May 17, 2023, Case #: A176369, Categories: Fraud
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