734 results for 'court:"Oregon Court of Appeals"'.
J. Shorr finds the trial court properly committed appellant for a mental disorder that makes her a danger to others. Appellant “suffers from a mix of mania and psychosis that results in a delusion that there is a conspiracy of government actors who are pursuing, harassing, and working to detain her.” Affirmed.
Court: Oregon Court of Appeals, Judge: Shorr, Filed On: February 28, 2024, Case #: A178745, Categories: Commitment
J. Aoyagi finds the trial court properly sentenced defendant, convicted of a total of nine sex crimes against two children. “Defendant committed the acts when he was 16 years old but he was not charged until he was an adult…[and] he went directly into adult court, rather than being waived into adult court.” Affirmed.
Court: Oregon Court of Appeals, Judge: Aoyagi, Filed On: February 28, 2024, Case #: A178968, Categories: Sentencing, Sex Offender, Child Victims
J. Aoyagi finds the trial court properly dismissed complaints. The court “correctly construed HB 4212 as extending the statutes of limitations through December 31, 2021, and consequently did not err in dismissing the complaints.” Affirmed.
Court: Oregon Court of Appeals, Judge: Aoyagi, Filed On: February 28, 2024, Case #: A179835, Categories: Negligence, Covid-19
J. Aoyagi finds the juvenile court erred in asserting dependency jurisdiction over a father’s two children. “DHS failed to prove that the requirements for dependency jurisdiction were met.” Reversed.
Court: Oregon Court of Appeals, Judge: Aoyagi, Filed On: February 28, 2024, Case #: A180870, Categories: Family Law
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J. Joyce finds the trial court properly denied defendant’s demurrer, in which he argued that the indictment was deficient because it did not name the victim of the crime alleged. “The identity of the victim is not an essential element of the crime.” Affirmed.
Court: Oregon Court of Appeals, Judge: Joyce, Filed On: February 28, 2024, Case #: A178481, Categories: Weapons
J. Aoyagi finds that the trial court properly dismissed complaints as time-barred. The court “correctly construed HB 4212 as extending the statutes of limitations through December 31, 2021, and consequently did not err in dismissing the complaints.” Affirmed.
Court: Oregon Court of Appeals, Judge: Aoyagi, Filed On: February 28, 2024, Case #: A179618, Categories: Negligence
J. Joyce finds the trial court properly granted defendant’s motion to suppress evidence found after an officer stopped him for failing to perform the duties of a driver and asked him a series of questions. “Questions related to theft or possession of items that ‘don’t belong’ are not closely tied to elements of the offense of failing to perform the duties of a driver.” Affirmed.
Court: Oregon Court of Appeals, Judge: Joyce, Filed On: February 28, 2024, Case #: A179398, Categories: Evidence, Search
J. Shorr finds the trial court erred in finding that a father’s mental health problems interfere with his ability to safely parent his child. “The evidence was insufficient to support that basis.” Reversed.
Court: Oregon Court of Appeals, Judge: Shorr, Filed On: February 28, 2024, Case #: A181579, Categories: Family Law
J. Lagesen finds the post-conviction properly dismissed defendant's request for relief. “The court was not required to be persuaded by the results of petitioner’s year-late Domestic Violence Report assessment, especially given its timing and the fact that the methodology of that assessment was not disclosed.” Affirmed.
Court: Oregon Court of Appeals, Judge: Lagesen, Filed On: February 22, 2024, Case #: A177953, Categories: Sentencing, Domestic Violence
J. Hellman finds the post-conviction court properly denied defendant's claim that he was deprived of his right to a fair trial under the due process clause due to conflicting witness statements. “Any inconsistency is the result of [the witness’s] mistaken recollection of his trial testimony, not because [they] had new evidence to provide.” Affirmed.
Court: Oregon Court of Appeals, Judge: Hellman, Filed On: February 22, 2024, Case #: A179156, Categories: Evidence, Murder, Sentencing
J. Kamins finds the trial court properly declined to set aside judgment taking jurisdiction over a mother’s two children after she failed to appear for a hearing. “Mother presented no evidence that her lateness was due to public transportation or her economic status.” Affirmed.
Court: Oregon Court of Appeals, Judge: Kamins, Filed On: February 22, 2024, Case #: A182182, Categories: Family Law
J. Egan finds the trial court erred in ruling that an insurance company is entitled to contribution from defense costs incurred in defending its insureds against claims arising in the context of the Portland Harbor Superfund Site cleanup. “Each of the Insureds’ contract claims against their various liability insurers was an ‘environmental claim,’ whether resolved without dispute, disputed but settled, or litigated to judgment.” Reversed.
Court: Oregon Court of Appeals, Judge: Egan, Filed On: February 22, 2024, Case #: A176763, Categories: Insurance
J. Egan finds the trial court properly denied the former committee administrator for the Oregon Senate’s Business Housing and Finance Committee's motion to set aside a judgment and reinstate his defamation claims, which he brought against various oil companies and voluntarily dismissed in 1988. The trial court did not err when it denied the former committee administrator's motion to vacate and set aside the 1988 judgment. Affirmed.
Court: Oregon Court of Appeals, Judge: Egan, Filed On: February 22, 2024, Case #: A178691, Categories: Civil Procedure, Defamation
J. DeVore finds that the post-conviction court properly dismissed defendant's request for relief on the ground that the petition was time-barred. “Because petitioner is no longer in custody, he does not have a claim for habeas corpus.” Affirmed.
Court: Oregon Court of Appeals, Judge: DeVore, Filed On: February 22, 2024, Case #: A178313, Categories: Sentencing
J. Tookey finds the trial court properly admitted an English translation of victim’s 911 call, which was in Spanish. The court “properly considered whether the translation’s probative value was substantially outweighed by the danger of misleading the jury.” Affirmed.
Court: Oregon Court of Appeals, Judge: Tookey, Filed On: February 22, 2024, Case #: A178230, Categories: Evidence, Domestic Violence
J. Hellman finds the Land Use Board of Appeals properly determined that petitioners’ challenge to conditional use permits was an impermissible collateral attack on the site plan approval. "Neither party has demonstrated that LUBA erred in its interpretation of the law." Affirmed.
Court: Oregon Court of Appeals, Judge: Hellman, Filed On: February 22, 2024, Case #: A182443, Categories: Zoning
J. Hellman finds the post-conviction court properly denied defendant relief on his claim that counsel provided inadequate assistance. The possibility that the witness may have had a motive to testify differently in a second trial “does not demonstrate that the witness’s testimony, under oath, in the first trial is unreliable.” Affirmed.
Court: Oregon Court of Appeals, Judge: Hellman, Filed On: February 22, 2024, Case #: A177448, Categories: Sentencing, Witnesses
J. Powers finds the trial court properly admitted evidence used to convict defendant of DUII. The officer “specifically informed defendant that he was not under arrest prior to administering FSTs and after defendant was given Miranda warnings.” Affirmed.
Court: Oregon Court of Appeals, Judge: Powers, Filed On: February 22, 2024, Case #: A176268, Categories: Evidence, Miranda, Dui
J. Hellman finds the post-conviction court properly denied relief on defendant’s claim that counsel provided inadequate assistance. “Counsel provided the mental health evaluation to the prosecution and obtained a plea offer that was for 10 months less than the original offer as a result.” Affirmed.
Court: Oregon Court of Appeals, Judge: Hellman, Filed On: February 22, 2024, Case #: A178452, Categories: Ineffective Assistance, Sentencing
J. DeVore finds the post-conviction court properly denied relief on defendant’s claim for ineffective assistance. “Given that trial counsel challenged the victim’s credibility…and asked the trial judge to employ its common sense and judgment, counsel reasonably could decline to object to the prosecutor’s corresponding comments in rebuttal.” Affirmed.
Court: Oregon Court of Appeals, Judge: Devore, Filed On: February 22, 2024, Case #: A177918, Categories: Ineffective Assistance
J. DeVore finds the post-conviction court properly denied relief on defendant’s claim for ineffective assistance. “The trial court has limited discretion to deviate from the mandatory minimum only when the record shows that the penalty ‘is so disproportionate,’ when compared to the offense, so as to ‘shock the moral sense’ of reasonable people.” Affirmed.
Court: Oregon Court of Appeals, Judge: DeVore, Filed On: February 22, 2024, Case #: A177917, Categories: Sentencing
J. Powers finds the circuit court properly dismissed a mandamus action against the planning director for Multnomah County and Multnomah County. Whether a land use is “outright permitted” or “conditional” depends on “whether the proposed use requires discretionary local permit approval ‘within the given zoning designation where the land is located’.” Affirmed.
Court: Oregon Court of Appeals, Judge: Powers, Filed On: February 22, 2024, Case #: A179527, Categories: Zoning