13 results for 'judge:"Flynn"'.
J. Flynn finds the Court of Appeals erred in dismissing defendant’s appeal based on concerns that the state would suffer delay-based prejudice in any retrial. “Although this court has long held that appellate courts possess the inherent authority to dismiss an appeal when the criminal defendant is a current fugitive, we have not endorsed the ‘former fugitive doctrine.’” Reversed.
Court: Oregon Supreme Court, Judge: Flynn, Filed On: May 9, 2024, Case #: S069880, Categories: Sentencing, Dui
J. Flynn finds the Court of Appeals properly reversed the trial court’s judgment excluding hospitals from drug liability. “A hospital that supplies and administers a dangerously defective drug in conjunction with providing a healthcare service can be a ‘seller’ that is ‘engaged in the business of selling’ for purposes of liability.” Affirmed.
Court: Oregon Supreme Court, Judge: Flynn, Filed On: May 2, 2024, Case #: S070082, Categories: Health Care, Product Liability
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J. Flynn finds that the Appeals Court properly affirmed the trial court's conclusion that the evidence supported punitive damages but that imposing $10 million in punitive damages would violate the apartment complex’s due process rights. The trial court correctly determined that the maximum amount of punitive damages that due process would permit on this record is nine times the amount of compensatory damages awarded by the jury against each defendant. Affirmed.
Court: Oregon Supreme Court, Judge: Flynn, Filed On: February 15, 2024, Case #: S069417, Categories: Damages, Negligence, Due Process
J. Flynn finds the lower court properly terminated the mother's parental rights and granted permanent custody of the child to family services. Although she showed significant interest in the child and made nearly all of her visitation appointments, she failed to remedy the primary cause of the child's initial removal, an abusive relationship with her boyfriend, and, therefore, could not provide a safe and stable home for the child. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Flynn, Filed On: February 1, 2024, Case #: AC46676, Categories: Evidence, Family Law
J. Flynn finds that, in these consolidated juvenile dependency cases, parents challenge judgments of the juvenile court that changed the “placement preference” for parents’ children from mother’s home to “foster care” of substitute care outside of the home, the Appeals Court erred in denying the claims. “The ‘some speculation’ standard that the Court of Appeals employed incorrectly excused DHS from its burden to prove that resolution of the appeals would have no practical effect on parents’ rights.” Reversed.
Court: Oregon Supreme Court, Judge: Flynn, Filed On: December 7, 2023, Case #: S070051, Categories: Family Law
J. Flynn finds the Appeals Court erred by reversing the trial court’s limited judgment because the law firm clients’ losses were purely financial. “The legislature intended the phrase 'negligent injury to person or property'…to include negligence claims seeking to recover for the kind of injury to economic interests that plaintiffs have alleged.” Reversed.
Court: Oregon Supreme Court, Judge: Flynn, Filed On: November 28, 2023, Case #: S069442, Categories: Property, Damages, Negligence
J. Flynn finds the trial court erred in allowing evidence from defendant’s cellphone that was unlawfully obtained. While “five of the nine search categories set out in the warrant to search defendant’s cell phone failed to satisfy the constitutional particularity requirement…the inclusion of those unlawful search categories in the warrant does not necessarily require suppression of all evidence found on defendant’s phone.” Remanded.
Court: Oregon Supreme Court, Judge: Flynn, Filed On: June 15, 2023, Case #: S068894, Categories: Evidence
J. Flynn finds the juvenile court properly directed defendant to register as a sex offender for committing an act that would constitute a felony sex crime if committed by an adult. “The record permitted the juvenile court to find that [the] youth failed to prove by clear and convincing evidence that he was ‘rehabilitated’ and not ‘a threat to the safety of the public.’” Affirmed.
Court: Oregon Supreme Court, Judge: Flynn, Filed On: May 25, 2023, Case #: S069077, Categories: Juvenile Law, Sex Offender
J. Flynn finds the lower court erroneously determined the performance of the inmate's attorney during sentencing did not fall below a reasonable standard of care, as the mental health history of the inmate required a thorough investigation for mitigation evidence. Although the prosecution agreed not to dispute the inmate's mental health during sentencing, this does not equate to adequate performance on behalf of the attorney, who was aware of several mental health issues and should have conducted a complete investigation and presented any mitigating evidence to the trial court before sentencing. Reversed in part.
Court: Connecticut Court Of Appeals, Judge: Flynn, Filed On: May 19, 2023, Case #: AC44160, Categories: Habeas, Ineffective Assistance, Sentencing