12 results for 'judge:"Garrett"'.
J. Garrett finds the ballot title prepared for Legislative Referral 403 (2024) (LR 403), which would amend ORS chapter 254 to require “ranked choice voting,” is inaccurate. The ballot title caption for a referred state measure must identify the subject matter of the measure. Referred to the Attorney General for modification.
Court: Oregon Supreme Court, Judge: Garrett, Filed On: May 16, 2024, Case #: S070879, Categories: Elections, Government
J. Garrett finds the Governor erred by revoking the previous Governor’s commutation of one of defendant's sentences. “Because plaintiff had finished serving all of her sentences when the Governor revoked the conditional commutation, the Governor lacked authority, under the terms of the commutation.” Reversed.
Court: Oregon Supreme Court, Judge: Garrett, Filed On: May 8, 2024, Case #: S071034, Categories: Sentencing, Theft
J. Garrett finds the Energy Facility Siting Council properly granted a site certificate allowing a company to construct a wind energy facility in Umatilla County. “Compliance with local land use regulations is one way for a facility to demonstrate compliance with statewide planning goals, but it is not the only way.” Affirmed.
Court: Oregon Supreme Court, Judge: Garrett, Filed On: April 18, 2024, Case #: S070517, Categories: Zoning
J. Garrett finds the post-conviction court properly declined to remand defendant’s capital murder case for resentencing after recent changes to the law. “Governor’s commuted sentence became the operative sentence, as though it had been the sentence originally imposed, and, as a result, petitioner is not entitled to relief concerning the judicially imposed sentence that had been the focus of the post-conviction court’s inquiry.” Affirmed.
Court: Oregon Supreme Court, Judge: Garrett, Filed On: March 14, 2024, Case #: S070162, Categories: Murder, Sentencing
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J. Garrett finds that a surrendered newborn child was properly placed with prospective adoptive parents because the mother gave the baby up at birth and the legally identified father could not provide care for the child. Affirmed.
Court: Michigan Court of Appeals, Judge: Garrett, Filed On: January 25, 2024, Case #: 366773, Categories: Family Law
J. Garrett finds the Appeals Court erred in rejecting a Department of Environmental Quality (DEQ) initiative. “DEQ’s internal decision to adopt a new interpretation of a statute is not, by itself, a ‘rule.’” Reversed.
Court: Oregon Court of Appeals, Judge: Garrett, Filed On: December 7, 2023, Case #: S069412, Categories: Environment
J. Garrett the trial court erred by applying the breach-of-duty exception to communications beyond the scope of the law. “The breach-of-duty exception applies only to communications between the parties directly involved in the alleged breach.” Reversed.
Court: Oregon Supreme Court, Judge: Garrett, Filed On: October 19, 2023, Case #: S069766, Categories: Attorney Discipline
J. Garrett finds the juvenile court properly imposed a new period of commitment to run consecutively to the period of commitment that a youth had not yet completed. “The legislature did not intend to prevent juvenile courts from imposing consecutive periods of commitment in circumstances like those here, where a youth was adjudicated for conduct that occurred while he was already in OYA custody.” Affirmed.
Court: Oregon Supreme Court, Judge: Garrett, Filed On: October 5, 2023, Case #: S069640, Categories: Juvenile Law
J. Garrett finds the Appeals Court properly determined that possession plus an intent to deliver, without more, is insufficient to show an “attempted transfer” for purposes of the completed crime of delivery of controlled substances. “The trial court made all the requisite findings for defendant’s conviction for inchoate attempt and that is the conviction that the trial court would have entered but for Boyd, which allowed the conviction to be entered for the completed crime instead.” Affirmed.
Court: Oregon Supreme Court, Judge: Garrett, Filed On: October 5, 2023, Case #: S069092, Categories: Drug Offender, Evidence
[Consolidated.] J. Garrett denies the state summary judgment in inverse condemnation claims brought after a failed dam caused flooding and property damage to nearby residents. The state was not entitled to governmental immunity, and factual allegations supported claims contending the state was aware the dam could not withstand significant rainfall. Affirmed.
Court: Michigan Court of Appeals, Judge: Garrett, Filed On: September 7, 2023, Case #: 359895, Categories: Property, Immunity, Negligence