68 results for 'judge:"Hellman"'.
J. Hellman finds the trial court properly revoked defendant's probation and imposed a term of incarceration. “The remedy would be to reinstate defendant’s probation, which would overlap with the sentence in his subsequent case.” Dismissed.
Court: Oregon Court of Appeals, Judge: Hellman, Filed On: May 8, 2024, Case #: A178819, Categories: Probation, Sentencing
J. Hellman finds the trial court incorrectly instructed itself on the elements of third-degree robbery when determining whether defendant’s actions against the two people that he shot were justified by self-defense. “When the trial court incorporated those elements...it incorrectly instructed itself on the elements of third-degree robbery as related to self-defense.” Reversed.
Court: Oregon Court of Appeals, Judge: Hellman, Filed On: May 8, 2024, Case #: A175927, Categories: Murder, Theft
J. Hellman finds the trial court properly denied defendant’s request for a legal advisor. “Defendant accepted a court-appointed attorney to advise her on that issue and then accepted counsel’s representation for trial.” Affirmed.
Court: Oregon Court of Appeals, Judge: Hellman, Filed On: May 1, 2024, Case #: A177363, Categories: Experts
J. Hellman finds the trial court properly denied defendant’s request for the less-satisfactory evidence jury instruction. Inconsistency in witness testimony “does not establish that a video existed or that it was reasonably available to the state.” Affirmed.
Court: Oregon Court of Appeals, Judge: Hellman, Filed On: May 1, 2024, Case #: A177478, Categories: Evidence, Jury Instructions
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J. Hellman finds the juvenile court erred in taking jurisdiction over a mother’s child. “Evidence was insufficient to permit the juvenile court to find [the child] within its jurisdiction on the basis” of the mother’s mental health. Reversed.
Court: Oregon Court of Appeals, Judge: Hellman, Filed On: May 1, 2024, Case #: A182221, 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. 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. Hellman finds the trial court properly rejected defendant’s habeas corpus petition. “There was no genuine issue of material fact regarding plaintiff’s treatment, especially in light of the uncontroverted facts that DOC offered him DBT as a result of his mental health screening and diagnosis, yet he declined those services.” Affirmed.
Court: Oregon Court of Appeals, Judge: Hellman, Filed On: March 6, 2024, Case #: A178635, Categories: Habeas
J. Hellman finds the post-conviction court properly denied defendant’s petition for relief from several counts of first-degree sex crimes against a minor. To preserve “a claim for replacement of counsel based on counsel’s oppositional statements as opposed to his claim based on counsel’s refusal to raise certain claims, petitioner needed to have objected to counsel’s response on the record.” Affirmed.
Court: Oregon Court of Appeals, Judge: Hellman, Filed On: March 6, 2024, Case #: A174808, Categories: Ineffective Assistance, Sex Offender, Child Victims
J. Hellman finds that the trial court property dismissed a hemp farm’s claim under the “timber trespass” statutes. “Plaintiff has not identified any allegations that defendants willfully or directly applied chemicals to plaintiff’s crop or land.” Affirmed.
Court: Oregon Court of Appeals, Judge: Hellman, Filed On: March 6, 2024, Case #: A176854, Categories: Property
J. Hellman finds the Land Use Board of Appeals properly determined that petitioners’ challenge to conditional use permits was an impermissible collateral attack on the site plan approval. "Neither party has demonstrated that LUBA erred in its interpretation of the law." Affirmed.
Court: Oregon Court of Appeals, Judge: Hellman, Filed On: February 22, 2024, Case #: A182443, Categories: Zoning
J. Hellman finds the post-conviction court properly denied defendant's claim that he was deprived of his right to a fair trial under the due process clause due to conflicting witness statements. “Any inconsistency is the result of [the witness’s] mistaken recollection of his trial testimony, not because [they] had new evidence to provide.” Affirmed.
Court: Oregon Court of Appeals, Judge: Hellman, Filed On: February 22, 2024, Case #: A179156, Categories: Evidence, Murder, Sentencing
J. Hellman finds the post-conviction court properly denied relief on defendant’s claim that counsel provided inadequate assistance. “Counsel provided the mental health evaluation to the prosecution and obtained a plea offer that was for 10 months less than the original offer as a result.” Affirmed.
Court: Oregon Court of Appeals, Judge: Hellman, Filed On: February 22, 2024, Case #: A178452, Categories: Ineffective Assistance, Sentencing
J. DeVore finds the juvenile court properly asserted jurisdiction over a mother’s children. “The record is sufficient to support a nonspeculative conclusion that the conditions and circumstances present a current threat of serious loss or injury to the children.” Affirmed.
Court: Oregon Court of Appeals, Judge: Hellman, Filed On: February 22, 2024, Case #: A182029, Categories: Family Law
J. Hellman finds the post-conviction court properly denied defendant relief on his claim that counsel provided inadequate assistance. The possibility that the witness may have had a motive to testify differently in a second trial “does not demonstrate that the witness’s testimony, under oath, in the first trial is unreliable.” Affirmed.
Court: Oregon Court of Appeals, Judge: Hellman, Filed On: February 22, 2024, Case #: A177448, Categories: Sentencing, Witnesses
J. Hellman finds the trial court properly granted summary judgment to the property owners on the renter's claims and awarded attorney fees. “Even though the record demonstrates that defendants knew that mold and spores had been present…that fact—without more—is insufficient to support a determination that defendants had actual notice that the property was uninhabitable…during plaintiff’s tenancy.” Affirmed.
Court: Oregon Court of Appeals, Judge: Hellman, Filed On: February 22, 2024, Case #: A176244, Categories: Landlord Tenant, Attorney Fees
J. Hellman finds the trial court properly determined that defendant had violated a restraining order by possessing a firearm. “It is not ‘obvious and not reasonably in dispute’ that the contempt case was a second prosecution that gives rise to a double jeopardy violation.” Affirmed.
Court: Oregon Court of Appeals, Judge: Hellman, Filed On: January 10, 2024, Case #: A176857, Categories: Firearms, Restraining Order