51 results for 'judge:"Joyce"'.
J. Joyce finds the juvenile court erred by granting a child’s paternal grandmother visitation and the right to travel internationally with the child. There was no evidence that without a visitation order, the mother and grandmother’s contentious relationship presents a risk of harm; “to the contrary, [the child] seems to be ‘impervious to the negative things.’” Reversed.
Court: Oregon Court of Appeals, Judge: Joyce, Filed On: May 8, 2024, Case #: A179522, Categories: Family Law
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
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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. 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. 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. Joyce finds the trial court properly ruled that videos of events underlying defendant’s conviction were properly authenticated by a witness who “testified that he was at the protests and close to defendant’s truck, the subject of each of the three videos, and he saw it move as depicted in the videos.” Affirmed.
Court: Oregon Court of Appeals, Judge: Joyce, Filed On: February 28, 2024, Case #: A179510, Categories: Evidence
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. 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. Joyce finds the trial court erred in issuing a permanent stalking protective order (SPO) against an individual. There was insufficient evidence that the individual's conduct gave the ex-girlfriend "reasonable apprehension" for her personal safety. Reversed.
Court: Oregon Court of Appeals, Judge: Joyce, Filed On: February 14, 2024, Case #: A181002, Categories: Evidence, Harassment
J. Joyce finds the juvenile court properly terminated a father’s parental rights to two children. The high-needs children "need permanency after being in temporary care for four years.” Affirmed.
Court: Oregon Court of Appeals, Judge: Joyce, Filed On: January 31, 2024, Case #: A181752, Categories: Family Law
J. Joyce finds the juvenile court properly terminated a mother’s parental rights to two children. The high-needs children "need permanency after being in temporary care for four years.” Affirmed.
Court: Oregon Court of Appeals, Judge: Joyce, Filed On: January 31, 2024, Case #: A181751, Categories: Family Law
J. Joyce finds trial court properly concluded that the bank’s interest did not encumber defendant’s partial ownership of the property. “The trust deed was between Strickland and Wells Fargo and thus, even if it was first in time…it did not encumber defendant’s half-interest in the property.” Affirmed.
Court: Oregon Court of Appeals, Judge: Joyce, Filed On: January 10, 2024, Case #: A178792, Categories: Property, Banking / Lending
J. Joyce finds that the trial court erred in admitting evidence that defendant altered a polygraph report and statements he made to the polygrapher after the test. “His conduct in altering the report is “only relevant in relation to the contents of the report—either he believed it was accurate and wanted to hide the results, or he believed [that] it was inaccurate but that other people would think it was accurate.” Reversed.
Court: Oregon Court of Appeals, Judge: Joyce, Filed On: January 10, 2024, Case #: A176395, Categories: Evidence, Sex Offender
J. Joyce finds the trial court erred in failing to sua sponte declare a mistrial based upon allegedly improper statements that the prosecutor made during closing and rebuttal arguments. “From the prosecutor’s statements, the jury could have inferred that the prosecutor believed that defendant had lied and that the state’s witnesses were truthful, and the jury could have improperly evaluated the credibility on that basis.” Reversed.
Court: Oregon Court of Appeals, Judge: Joyce, Filed On: December 28, 2023, Case #: A176552, Categories: Firearms, Murder, Prosecutorial Misconduct
J. Joyce finds trial court properly declined to merge defendant’s UUV and aggravated first-degree theft guilty verdicts. “Those offenses do not merge because each requires proof of an element that the other does not.” Affirmed.
Court: Oregon Court of Appeals, Judge: Joyce, Filed On: December 28, 2023, Case #: A177479, Categories: Theft, Vehicle
J. Joyce finds the Employment Relations Board (ERB) properly dismissed Portland Fire Fighters’ Association, Local 43 IAFF Union’s unfair labor practice complaint concerning the pandemic-era Oregon Health Authority rule requiring healthcare workers, including firefighters, to receive the Covid-19 vaccine to work in healthcare settings. “ERB’s determination that the Port did not make a change to the status quo was supported by substantial reason.” Affirmed.
Court: Oregon Court of Appeals, Judge: Joyce, Filed On: December 13, 2023, Case #: A178710, Categories: Health Care, Covid-19, Labor / Unions
J. Joyce finds the trial court properly dismissed an individual's defamation suit under Oregon’s anti-SLAPP statute. “Plaintiff is a public figure and faces a higher burden to establish his claim, plaintiff must also establish proof that defendants acted with actual malice.” Affirmed.
Court: Oregon Court of Appeals, Judge: Joyce, Filed On: November 22, 2023, Case #: A178444, Categories: Anti-slapp, Evidence, Defamation
J. Joyce finds the trial court erred by entering a stalking protective order (SPO) against defendant, prohibiting him from contacting his neighbor. The “record does not contain evidence that respondent—in asking petitioner what she was doing, whether she wanted to go to jail, and threatening to break her band equipment—made any unequivocal threat of imminent and serious personal violence that he was likely to act upon.” Reversed.
Court: Oregon Court of Appeals, Judge: Joyce, Filed On: November 22, 2023, Case #: A180320, Categories: Threats