741 results for 'court:"Oregon Court of Appeals"'.
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
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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
J. Joyce finds the trial court erred in denying defendant’s request for consultation with a community mental health program director but finds the error was harmless. “Court concluded that defendant did not have a qualifying mental disorder and thus declined to find that he was unfit to proceed. Defendant has not challenged that ruling.” Affirmed.
Court: Oregon Court of Appeals, Judge: Joyce, Filed On: March 13, 2024, Case #: A177517, Categories: Firearms, Menacing
J. Jacquot finds the trial court properly denied defendant’s motion to dismiss a reckless-endangering charge pursuant to a civil compromise. “Justice would be better served by proceeding with the prosecution than by dismissing the case, due to its concerns about the propriety of allowing compromises between minor victims and their parents.” Affirmed.
Court: Oregon Court of Appeals, Judge: Jacquot, Filed On: March 13, 2024, Case #: A177681, Categories: Dui
J. Joyce finds the trial court erred by failing to suppress evidence. “The officers’ reasonable suspicion of kidnapping had dissipated before the officers developed reasonable suspicion that defendant was a felon in possession of body armor.” Reversed.
Court: Oregon Court of Appeals, Judge: Joyce, Filed On: March 13, 2024, Case #: A177524, Categories: Evidence, Firearms, Search
J. Joyce finds the trial court properly sentenced defendant for rape and sodomy convictions. “Whether defendant and the victim had a consensual relationship is immaterial, given that a jury found that defendant raped and sodomized the victim while she was incapacitated and therefore unable to consent.” Affirmed.
Court: Oregon Court of Appeals, Judge: Joyce, Filed On: March 13, 2024, Case #: A178252, Categories: Sentencing, Sex Offender
J. Jacquot finds the trial court erred by ordering defendant to consecutive sentences. “Any threats defendant may have made against [victims] would not provide grounds for the imposition of a consecutive sentence under these circumstances.” The matter is remanded for resentencing.
Court: Oregon Court of Appeals, Judge: Jacquot, Filed On: March 13, 2024, Case #: A176231, Categories: Burglary, Robbery, Threats
Per curiam, the Appeals Court finds the trial court erred by committing appellant. “There is evidence of unsanitary living conditions, poor personal hygiene, and noncompliance with psychiatric medications, but that evidence does not meet the standard for civil commitment.” Reversed.
Court: Oregon Court of Appeals, Judge: Per curiam, Filed On: March 13, 2024, Case #: A180060, Categories: Commitment
J. Kamins finds the trial court properly dissolved a marriage by recognizing the mother as primary caregiver of their three children. The court “weighed evidence that father had drained the parties’ bank account, leaving mother no money to support herself or the children, threw away family memorabilia, and for a time failed to make an effort to see the children.” Affirmed.
Court: Oregon Court of Appeals, Judge: Kamins, Filed On: March 6, 2024, Case #: A177528, Categories: Family Law
J. Kamins finds the trial court erred in ruling that an ex-wife's comments that her ex-husband had abused her were of public interest and thus fall under the protection of the anti-SLAPP statute. “Unchallenged evidence of a waiver of the rights protected by the anti-SLAPP statute can satisfy a plaintiff’s burden to defeat an anti-SLAPP motion once a defendant has satisfied the burden at the first step.” Reversed.
Court: Oregon Court of Appeals, Judge: Kamins, Filed On: March 6, 2024, Case #: A178568, Categories: Anti-slapp
J. Tookey finds the trial court properly concluded that petitions for judicial review of the 2019 Order had become moot. “The 2019 Order was remanded to OAB by LUBA, and by operation of LUBA’s remand, it had become ineffective.” Affirmed.
Court: Oregon Court of Appeals, Judge: Tookey, Filed On: March 6, 2024, Case #: A179634, Categories: Government, Zoning
J. Ortega invalidates two Climate-Friendly and Equitable Communities rules after finding the Land Conservation and Development Commission did not provide sufficient notice for one and exceeded its statutory authority in enacting the other. “Adopted rule does cover a subject matter not specified in the notice” and “statutes do not authorize LCDC to revoke an acknowledgement of a TSP, which is part of a local government’s acknowledged comprehensive plan.”
Court: Oregon Court of Appeals, Judge: Ortega, Filed On: March 6, 2024, Case #: A180037, Categories: Zoning
J. Aoyagi finds the evidence was legally sufficient to convict defendant of second-degree kidnapping and domestic violence. “After viciously assaulting and strangling [the victim]—including breaking her nose—defendant dragged [the victim] by her neck out of the motorhome, into the shed, and into his Jeep, and then attempted to leave the property with her.” Affirmed.
Court: Oregon Court of Appeals, Judge: Aoyagi, Filed On: March 6, 2024, Case #: A178684, Categories: Evidence, Domestic Violence, Kidnapping
J. Kamins finds the trial court properly declined to declare a mistrial for the prosecutor’s statements against defendant’s and her boyfriend’s credibility in a trial convicting defendant of conspiracy to commit second-degree murder. “It is proper—indeed, required—for an attorney to be able to comment on the evidence presented.” Affirmed.
Court: Oregon Court of Appeals, Judge: Kamins, Filed On: March 6, 2024, Case #: A178236, Categories: Evidence, Conspiracy
J. Hellman finds the trial court properly rejected defendant’s habeas corpus petition. “There was no genuine issue of material fact regarding plaintiff’s treatment, especially in light of the uncontroverted facts that DOC offered him DBT as a result of his mental health screening and diagnosis, yet he declined those services.” Affirmed.
Court: Oregon Court of Appeals, Judge: Hellman, Filed On: March 6, 2024, Case #: A178635, Categories: Habeas
J. Hellman finds the post-conviction court properly denied defendant’s petition for relief from several counts of first-degree sex crimes against a minor. To preserve “a claim for replacement of counsel based on counsel’s oppositional statements as opposed to his claim based on counsel’s refusal to raise certain claims, petitioner needed to have objected to counsel’s response on the record.” Affirmed.
Court: Oregon Court of Appeals, Judge: Hellman, Filed On: March 6, 2024, Case #: A174808, Categories: Ineffective Assistance, Sex Offender, Child Victims
J. Hellman finds that the trial court property dismissed a hemp farm’s claim under the “timber trespass” statutes. “Plaintiff has not identified any allegations that defendants willfully or directly applied chemicals to plaintiff’s crop or land.” Affirmed.
Court: Oregon Court of Appeals, Judge: Hellman, Filed On: March 6, 2024, Case #: A176854, Categories: Property
J. Kamins finds the trial court properly denied an individual's anti-SLAPP motion to strike. The court’s ruling was proper only as it relates to “plaintiffs’ claims arising out of the ‘barrage’ of text messages, conduct that had no connection to furthering defendant’s right to free speech.”
Court: Oregon Court of Appeals, Judge: Powers, Filed On: March 6, 2024, Case #: A177873, Categories: Anti-slapp