734 results for 'court:"Oregon Court of Appeals"'.
J. Hellman finds the juvenile court properly changed child’s permanency from reunification to guardianship. “Mother’s failure to complete treatment was not the only evidence concerning her lack of progress.” Affirmed.
Court: Oregon Court of Appeals, Judge: Hellman, Filed On: April 17, 2024, Case #: A181128, Categories: Family Law
J. Hellman finds the juvenile court properly changed a permanency plan from reunification to guardianship. “Mother did not make sufficient progress to ameliorate her pattern of substance abuse to allow E to return home safely.” Affirmed.
Court: Oregon Court of Appeals, Judge: Hellman, Filed On: April 17, 2024, Case #: A179842, Categories: Family Law
J. Egan finds the trial court properly denied defendant’s motion for a new trial. Court “permissibly determined that any prejudice would be sufficiently mitigated by striking the testimony about prison and instructing the jury to disregard what they had heard.” Affirmed.
Court: Oregon Court of Appeals, Judge: Egan, Filed On: April 17, 2024, Case #: A179612, Categories: Evidence, Assault, Menacing
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J. Tookey finds the trial court properly convicted defendant of arson in a fire that destroyed part of the abandoned Mill E building at the Blue Heron Paper Mill in Oregon City. There is sufficient evidence “both that defendant started the fire and that he intended to damage property when he did so.” Affirmed.
Court: Oregon Court of Appeals, Judge: Tookey, Filed On: April 17, 2024, Case #: A178613, Categories: Evidence, Arson
J. Powers finds the juvenile court properly exercised jurisdiction over two children. “Mother’s own trauma and PTSD responses impair her ability to parent her children with behavioral needs that require structure and routine.” Affirmed.
Court: Oregon Court of Appeals, Judge: Powers, Filed On: April 17, 2024, Case #: A182035, Categories: Family Law
J. Tookey finds the trial court properly ruled that the state trooper had reasonable suspicion to expand the subject matter of the traffic stop. Defendant got his truck stuck in a ditch while attempting to turn around, and he displayed “shaking, which could be a physical symptom of present intoxication.” Affirmed.
Court: Oregon Court of Appeals, Judge: Tookey, Filed On: April 17, 2024, Case #: A178918, Categories: Evidence, Search, Dui
J. Kamins finds the trial court properly declined defendant’s motion for acquittal based on “evidence that defendant forced [the victim] to leave his home under threat of being shot, shoved him through the door, made him get into the car, including dictating where he sat, and caused him to be driven to a motel across the freeway, all under continuing threat of being shot.” Affirmed.
Court: Oregon Court of Appeals, Judge: Kamins, Filed On: April 17, 2024, Case #: A179149, Categories: Evidence, Kidnapping
Per curiam, the Appeals Court affirms the juvenile court’s determination that a father is unfit. “Father suffers from various conditions and has engaged in conduct that is seriously detrimental to [the child].” Affirmed.
Court: Oregon Court of Appeals, Judge: Per curiam, Filed On: April 17, 2024, Case #: A182441, Categories: Family Law
J. Ortega finds the trial court erred in dismissing an employee's claims of unlawful employment discrimination and whistleblowing. “There is a genuine issue of material fact as to whether plaintiff’s protected activity was a substantial factor in defendant’s decision to terminate his employment.” Reversed.
Court: Oregon Court of Appeals, Judge: Ortega, Filed On: April 17, 2024, Case #: A177073, Categories: Employment, Whistleblowers
J. Egan finds the trial court properly convicted defendant, after a jury trial, for 30 sexual offenses committed against his stepson. “Because the jury heard evidence of other crimes, the prosecutor had reason to ensure that the jury found defendant guilty on each count based on the evidence that corresponded with each charge.” Affirmed.
Court: Oregon Court of Appeals, Judge: Egan, Filed On: April 17, 2024, Case #: A177520, Categories: Evidence, Sex Offender, Child Victims
J. Egan finds the trial court erred in convicting defendant of murder after prosecutorial misstatements. “Prosecutor’s argument during his rebuttal both misstated the burden of proof and encouraged the jury to decide the case with reference to impermissible character-based reasoning that directed the jury ‘away from the facts [and] toward emotion.’” Reversed.
Court: Oregon Court of Appeals, Judge: Egan, Filed On: April 17, 2024, Case #: A178335, Categories: Murder, Prosecutorial Misconduct
J. Aoyagi finds the trial court erred in finding defendants’ status as medical or pharmaceutical providers insulated them from the general obligation to avoid creating foreseeable risks of physical harm to others. “Defendants allegedly breached their statutory standards of care to their patient.” Reversed.
Court: Oregon Court of Appeals, Judge: Aoyagi, Filed On: April 10, 2024, Case #: A176439, Categories: Negligence, Medical Malpractice
J. Lagesen finds the trial court properly dismissed a habeas corpus proceeding in which defendant sought a remedy for, among other things, alleged violations of his constitutional rights with respect to his legal mail. The court “was persuaded that, as of the time of the hearing, the mail issue was not ongoing.” Affirmed.
Court: Oregon Court of Appeals, Judge: Lagesen, Filed On: April 10, 2024, Case #: A179702, Categories: Habeas, Prisoners' Rights
J. Shorr finds the trial court properly imposed a 60-month durational departure sentence. “The court would be almost certain to impose the same sentence on remand in light of that history and the court’s comments at sentencing.” Affirmed.
Court: Oregon Court of Appeals, Judge: Shorr, Filed On: April 10, 2024, Case #: A179546, Categories: Sentencing, Menacing
J. Aoyagi finds the trial court properly questioned three prospective jurors. “The question is not whether the court handled voir dire perfectly, but whether its conduct was so prejudicial as to deny defendant a fair trial. It was not.” Affirmed.
Court: Oregon Court of Appeals, Judge: Aoyagi, Filed On: April 10, 2024, Case #: A177035, Categories: Drug Offender, Jury
J. Lagesen finds the court properly denied a petition for post-conviction relief from convictions resulting from no contest pleas. “The post-conviction court found petitioner not credible in her assertion that she would have rejected the plea deal had counsel provided different advice.” Affirmed.
Court: Oregon Court of Appeals, Judge: Lagesen, Filed On: April 10, 2024, Case #: A179628, Categories: Ineffective Assistance, Sentencing
J. Shorr finds the trial court properly imposed restitution. “It is not plain that a trial court would err if it treated the stipulation as having at least the same effect as an admission to the criminal conduct that led to the victim’s damages.” Affirmed.
Court: Oregon Court of Appeals, Judge: Shorr, Filed On: April 10, 2024, Case #: A179565, Categories: Restitution
J. Pagan finds the trial court plainly erred by not instructing the jury that it must find a culpable mental state for the physical injury element of second-degree assault. The given instruction “did not state that a defendant must knowingly engage in assaultive conduct…[and] must be at least criminally negligent with respect to causing injury.” Reversed.
Court: Oregon Court of Appeals, Judge: Pagan, Filed On: April 3, 2024, Case #: A177094, Categories: Assault, Jury Instructions
J. Shorr finds the trial court properly committed an individual. “There was evidence…that appellant was not willing and able to engage in voluntary treatment and that appellant did not meet her burden of proof to prove otherwise.” Affirmed.
Court: Oregon Court of Appeals, Judge: Shorr, Filed On: April 3, 2024, Case #: A178750, Categories: Evidence, Commitment