64 results for 'judge:"Aoyagi"'.
J. Aoyagi finds the trial court properly declined defendant's motion for a fee waiver to proceed with a habeas motion to vacate an older judgment. “Plaintiff sought a waiver of future fees and costs attendant to a potential motion to vacate a judgment entered five years earlier, and the court denied the motion on the grounds that the case was long closed.” Affirmed.
Court: Oregon Court of Appeals, Judge: Aoyagi, Filed On: May 8, 2024, Case #: A180862, Categories: Habeas
J. Aoyagi finds the trial court properly ruled that defendant broke the law by moving his phone from the dash to his lap while driving. Officer’s testimony established that defendant “used” his cellphone within the meaning of the statute. Affirmed.
Court: Oregon Court of Appeals, Judge: Aoyagi, Filed On: May 8, 2024, Case #: A180213, Categories: Evidence
J. Aoyagi finds the trial court properly awarded attorney fees in a supplemental judgment in favor of a real estate firm against two individuals. “Whether parties appearing pro se in civil litigation have a federal constitutional right to file and access court documents electronically, in the same manner as attorneys, is a complex legal question…reasonably in dispute,” so any error is not plain. Affirmed.
Court: Oregon Court of Appeals, Judge: Aoyagi, Filed On: May 8, 2024, Case #: A180510, Categories: Constitution, Attorney Fees
J. Aoyagi finds the trial court erred by treating a husband as “in default” for failing to personally appear at the dissolution trial and disallowing his attorney to appear for him. “Not allowing husband to participate in the dissolution trial through counsel resulted in a fundamentally unfair trial.” Reversed.
Court: Oregon Court of Appeals, Judge: Aoyagi, Filed On: May 8, 2024, Case #: A179068, Categories: Family Law
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J. Aoyagi finds the trial court properly committed an individual based on her inability to care for her personal needs due to an intellectual disability. She was advised of her right to an attorney and the trial court appointed suitable legal counsel for her. Affirmed.
Court: Oregon Court of Appeals, Judge: Aoyagi, Filed On: May 8, 2024, Case #: A180977, Categories: Commitment
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. 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. 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
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. Aoyagi finds 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 #: A179835, Categories: Negligence, Covid-19
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
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. Aoyagi finds the trial court erred in committing appellant without sufficient evidence that his mental illness made him a danger to others. “An empty threat that is not likely to be carried out, even if disturbing or distressing, is not a basis for involuntary civil commitment.” Reversed.
Court: Oregon Court of Appeals, Judge: Aoyagi, Filed On: February 14, 2024, Case #: A177831, Categories: Evidence, Commitment
J. Aoyagi finds the trial court erred in granting summary judgment in a dispute over a right of first refusal (ROFR). The inclusion of family members in certain portions of the will “shows that exclusion was intentional.” Reversed.
Court: Oregon Court of Appeals, Judge: Aoyagi, Filed On: February 14, 2024, Case #: A177195, Categories: Wills / Probate
J. Aoyagi finds the court abused its discretion when it denied defendant’s request for a continuance to investigate information provided by the state on the morning of the trial. The trial court relied on “faulty legal premises” when it denied defendant’s motion for a continuance. Reversed.
Court: Oregon Court of Appeals, Judge: Aoyagi, Filed On: February 14, 2024, Case #: A176595, Categories: Justification, Harassment
J. Aoyagi finds the trial court properly denied defendant’s motion to set aside his harassment conviction because defendant’s failure to complete sex offender treatment made him a threat to public safety. “Having asserted the right to a hearing and received a hearing, defendant cannot now claim that it was error to hold a hearing.” Affirmed.
Court: Oregon Court of Appeals, Judge: Aoyagi, Filed On: January 31, 2024, Case #: A179424, Categories: Sex Offender, Child Victims, Harassment
J. Aoyagi finds the trial court erred in sentencing defendant to 75 months in prison for one count of sexual abuse against a minor. “A 75-month prison sentence for a single peck on the lips is unconstitutionally disproportionate, and it is not rendered proportionate by the fact of other convictions against a different victim in the same case, where defendant’s criminal history does not establish that he is incorrigible or resistant to reform or deterrence.” Reversed.
Court: Oregon Court of Appeals, Judge: Aoyagi, Filed On: January 4, 2024, Case #: A177043, Categories: Sentencing, Sex Offender, Child Victims
J. Aoyagi finds the trial court erred in denying a request for attorney fees after plaintiff was awarded damages for battery. In a separate case filed by defendant, the lower court found against both parties. In denying attorney fees for plaintiff in his successful action, the trial court essentially treated the consolidated cases as a single action, which was improper. “Separate actions must be treated as separate, even when consolidated.” Reversed.
Court: Oregon Court of Appeals, Judge: Aoyagi, Filed On: January 4, 2024, Case #: A178680, Categories: Tort, Attorney Fees
J. Aoyagi finds trial court properly declined to declare a mistrial after a witness vouched for the complainant that contributed to defendant’s conviction for two counts of first-degree sodomy. “The court took appropriate corrective action to address the situation, including striking the testimony, giving a detailed curative instruction, and giving a final instruction that reiterated the jury’s singular responsibility for making credibility determinations.” Affirmed.
Court: Oregon Court of Appeals, Judge: Aoyagi, Filed On: December 28, 2023, Case #: A176792, Categories: Sex Offender, Child Victims, Jury Instructions
J. Aoyagi finds the trial court properly declined to declare a mistrial for defendant convicted of unlawful possession of a firearm. “The prosecutor’s choice of words was inappropriate, but the point that he was trying to make was a fair one and a permissible argument…and, in context, it does not appear that the prosecutor intended to denigrate defense counsel.” Affirmed.
Court: Oregon Court of Appeals, Judge: Aoyagi, Filed On: December 28, 2023, Case #: A178896, Categories: Evidence, Firearms