724 results for 'court:"Oregon Court of Appeals"'.
J. Mooney finds the trial court properly granted an industrial property seller's motion for directed verdict in a case involving an active underground storage tank. The buyer “had actual knowledge of the existence and location of the UST prior to the purchase.” Affirmed.
Court: Oregon Court of Appeals, Judge: Mooney, Filed On: April 24, 2024, Case #: A178469, Categories: Property
J. Mooney rejects petitioner’s appeal of his overall post-prison supervision term. “Petitioner presents no authority that would allow us to address a proportionality challenge in this context.” Affirmed.
Court: Oregon Court of Appeals, Judge: Mooney, Filed On: April 24, 2024, Case #: A180327, Categories: Sentencing
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J. Mooney finds the trial court erred by failing to dismiss two counts against defendant. “The state violated defendant’s constitutional right to counsel when the lead detective intentionally listened to several recorded phone conversations between defendant and his attorney, which included privileged communications between them about trial strategy.” Reversed.
Court: Oregon Court of Appeals, Judge: Mooney, Filed On: April 24, 2024, Case #: A177025, Categories: Constitution
J. Jacquot finds the trial court erred by denying his motion to dismiss his theft charge pursuant to a civil compromise. The “letter acknowledged more than that defendant had paid the penalties that he owed…and, therefore, is not precluded from being offered as evidence of a civil compromise.” Reversed.
Court: Oregon Court of Appeals, Judge: Jacquot, Filed On: April 24, 2024, Case #: A178836, Categories: Theft
J. Pagan finds the trial court erred by giving a jury instruction on defense of premises regarding the alleged victim’s actions when defendant was claiming self-defense against someone who used force against him. “The parties disputed the facts that would have made defendant’s self-defense claim viable, and a jury instruction that highlighted the alleged victim’s state of mind” detracted from the jury’s consideration of defendant’s state of mind. Reversed.
Court: Oregon Court of Appeals, Judge: Pagan, Filed On: April 24, 2024, Case #: A177313, Categories: Burglary, Assault, Jury Instructions
J. Mooney finds the trial court did not deprive defendant of his “right to procedural due process.” Defendant, who was sleeping in a post office branch, “does not have a protected liberty interest that entitles him to enter and remain on the premises of that post office branch under those circumstances.” Affirmed.
Court: Oregon Court of Appeals, Judge: Mooney, Filed On: April 24, 2024, Case #: A178272, Categories: Trespass, Due Process
J. Joyce finds the trial court erred by admitting arresting officer testimony about field sobriety tests. The “state was required to prove that she had been impaired to a perceptible degree while driving.” Reversed.
Court: Oregon Court of Appeals, Judge: Joyce, Filed On: April 24, 2024, Case #: A179615, Categories: Evidence, Dui
J. Joyce finds the trial court properly continued a FAPA restraining order against respondent after finding him to be a continuing credible threat to petitioner’s physical safety. “Respondent’s immigration issue continued after the parties separated, and there was a volatile incident between the parties after they separated, the evidence was sufficient.”
Court: Oregon Court of Appeals, Judge: Joyce, Filed On: April 24, 2024, Case #: A180897, Categories: Family Law, Restraining Order
J. Mooney finds the trial court properly declined to acquit defendant of second-degree animal neglect involving a mare and her foal. The “state presented evidence that the very young, injured foal was found attempting to nurse from a mare with no milk supply.” Affirmed.
Court: Oregon Court of Appeals, Judge: Mooney, Filed On: April 24, 2024, Case #: A178592, Categories: Animal Cruelty
J. Powers finds the Workers’ Compensation Division erred in denying appellant’s Worker Requested Medical Examination (WRME) request. “When an insurer submits an IME report as evidence to support its denial of a worker’s claim, the denial is ‘based’ on an IME such that the worker is eligible for a WRME.” Reversed.
Court: Oregon Court of Appeals, Judge: Powers, Filed On: April 17, 2024, Case #: A176678, Categories: Workers' Compensation
J. Powers finds the juvenile court properly terminated a father’s parental rights to his child. “Father has a substance abuse problem, has been in a domestically violent relationship with [the child’s mother]…and does not have a viable plan for [the child’s] return.” Affirmed.
Court: Oregon Court of Appeals, Judge: Powers, Filed On: April 17, 2024, Case #: A182144, Categories: Family Law
J. Hellman finds the trial court properly denied defendant post-conviction relief. “Petitioner did not prove that counsel failed to exercise reasonable professional skill and judgment when counsel did not consult with and introduce testimony from a medical expert for any of the purposes that petitioner identified.” Affirmed.
Court: Oregon Court of Appeals, Judge: Hellman, Filed On: April 17, 2024, Case #: A177101, Categories: Ineffective Assistance, Sentencing
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. Ortega finds the juvenile court properly ordered the Oregon Department of Corrections to disclose a father’s mental health records to the Department of Human Services for use in dependency proceedings involving the father’s child. “Father has not provided a basis on which we could reverse the juvenile court’s order based on a lack of statutory authority to issue the order.” Affirmed.
Court: Oregon Court of Appeals, Judge: Ortega, Filed On: April 17, 2024, Case #: A181606, Categories: Family Law
J. Kamins finds that certain prosecutor statements during closing arguments improperly shifted the burden of proof to the defense. “Prosecutor’s statements that defendant could have but did not cross-examine [the victim] or her friend suggested to the jury that defendant had the burden to prove that his version of the events was true.” Reversed.
Court: Oregon Court of Appeals, Judge: Kamins, Filed On: April 17, 2024, Case #: A179175, Categories: Jury, Prosecutorial Misconduct, Sex Offender
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