734 results for 'court:"Oregon Court of Appeals"'.
J. Pagan finds the trial court properly committed an individual. “Appellant’s doctor testified that appellant’s pattern of behavior caused by her psychosis leading up to and once inside the hospital, without intervention and redirection by trained staff, was very likely to result in future violence.” Affirmed.
Court: Oregon Court of Appeals, Judge: Pagan, Filed On: April 3, 2024, Case #: A178625, Categories: Evidence, Commitment
J. Mooney finds the trial court properly admitted a photograph allegedly showing defendant signed a U-Haul contract. “Exclusion of the duplicate solely because defendant denied that she signed it would have removed that evidence from the jury’s consideration, essentially usurping the jury’s role and weighing that piece of evidence for them.” Affirmed.
Court: Oregon Court of Appeals, Judge: Mooney, Filed On: April 3, 2024, Case #: A177721, Categories: Evidence, Vehicle
J. Mooney finds the juvenile court erred in changing the permanency plan for father’s son from reunification to adoption. “There was no evidence presented of any effort made by DHS to assist father with his impulse control issues, or to better understand [the child’s] emotional needs and build trust with him.” Reversed.
Court: Oregon Court of Appeals, Judge: Mooney, Filed On: April 3, 2024, Case #: A182039, Categories: Evidence, Family Law
J. Aoyagi finds the circuit court properly affirmed county code infractions that prohibit an individual from owning an animal for five years. “Plaintiff has not identified any permissible review function that has been hindered by the hearing officer’s failure to explain her penalty choice.” Affirmed.
Court: Oregon Court of Appeals, Judge: Aoyagi, Filed On: April 3, 2024, Case #: A180356, Categories: Animal Cruelty
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J. Tookey finds the Employment Relations Board (ERB) properly dismissed an employee's claim of an unfair labor practice against his employer. The employee failed to raise proper assignments of error. Affirmed.
Court: Oregon Court of Appeals, Judge: Tookey, Filed On: March 27, 2024, Case #: A179566, Categories: Labor / Unions
J. Joyce finds procedure amendment IP 14 complies with the state constitution’s “separate vote” requirement. “The multiple substantive changes that it makes are ‘closely related’ and, thus, comply.” Reversed.
Court: Oregon Court of Appeals, Judge: Joyce, Filed On: March 27, 2024, Case #: A181565, Categories: Elections
J. Ortega finds the trial court did not violate defendant’s right to allocution when it ”muted” him for being verbally abusive in court. The time for an allocution had passed, and “defendant was speaking to the court in a way that the court had authority to curb.” Affirmed.
Court: Oregon Court of Appeals, Judge: Ortega, Filed On: March 27, 2024, Case #: A180024, Categories: Criminal Procedure, Trespass
J. Kamins finds the Department of Human Services Office of Training, Investigation and Safety properly determined that a foster parent abused a foster child through involuntary seclusion by locking her in a play structure. “The play structure functioned as a room, because it was inside petitioner’s home and set off by a partition from the living room space.” Affirmed.
Court: Oregon Court of Appeals, Judge: Powers, Filed On: March 27, 2024, Case #: A180063, Categories: Family Law
J. Shorr finds the probate court properly voided an attorney's contingency agreement and calculated a different attorney fee. “It was the responsibility of the probate court to approve the terms of the settlement…including awarding attorney fees.” Affirmed.
Court: Oregon Court of Appeals, Judge: Shorr, Filed On: March 20, 2024, Case #: A176105, Categories: Settlements, Attorney Fees
J. Pagan finds the trial court erred in concluding that appellant was a danger to others due to his mental disorder at the time of his commitment hearing. “Evidence of his behavior in the hospital and vague threats toward a particular community were insufficient to conclude he was a danger to others.” Reversed.
Court: Oregon Court of Appeals, Judge: Pagan, Filed On: March 20, 2024, Case #: A179343, Categories: Evidence, Commitment