72 results for 'judge:"Kamins"'.
J. Kamins finds that certain prosecutor statements during closing arguments improperly shifted the burden of proof to the defense. “Prosecutor’s statements that defendant could have but did not cross-examine [the victim] or her friend suggested to the jury that defendant had the burden to prove that his version of the events was true.” Reversed.
Court: Oregon Court of Appeals, Judge: Kamins, Filed On: April 17, 2024, Case #: A179175, Categories: Jury, Prosecutorial Misconduct, Sex Offender
J. Kamins finds the trial court properly declined defendant’s motion for acquittal based on “evidence that defendant forced [the victim] to leave his home under threat of being shot, shoved him through the door, made him get into the car, including dictating where he sat, and caused him to be driven to a motel across the freeway, all under continuing threat of being shot.” Affirmed.
Court: Oregon Court of Appeals, Judge: Kamins, Filed On: April 17, 2024, Case #: A179149, Categories: Evidence, Kidnapping
J. Kamins finds the trial court properly dissolved a marriage by recognizing the mother as primary caregiver of their three children. The court “weighed evidence that father had drained the parties’ bank account, leaving mother no money to support herself or the children, threw away family memorabilia, and for a time failed to make an effort to see the children.” Affirmed.
Court: Oregon Court of Appeals, Judge: Kamins, Filed On: March 6, 2024, Case #: A177528, Categories: Family Law
J. Kamins finds the trial court erred in ruling that an ex-wife's comments that her ex-husband had abused her were of public interest and thus fall under the protection of the anti-SLAPP statute. “Unchallenged evidence of a waiver of the rights protected by the anti-SLAPP statute can satisfy a plaintiff’s burden to defeat an anti-SLAPP motion once a defendant has satisfied the burden at the first step.” Reversed.
Court: Oregon Court of Appeals, Judge: Kamins, Filed On: March 6, 2024, Case #: A178568, Categories: Anti-slapp
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J. Kamins finds the trial court properly declined to declare a mistrial for the prosecutor’s statements against defendant’s and her boyfriend’s credibility in a trial convicting defendant of conspiracy to commit second-degree murder. “It is proper—indeed, required—for an attorney to be able to comment on the evidence presented.” Affirmed.
Court: Oregon Court of Appeals, Judge: Kamins, Filed On: March 6, 2024, Case #: A178236, Categories: Evidence, Conspiracy
J. Kamins finds the trial court properly determined that the county did not retaliate against an employee because he complained to supervisors about facility safety issues. “There is no evidence that plaintiff raised any complaint within a year prior to his termination.” Affirmed.
Court: Oregon Court of Appeals, Judge: Kamins, Filed On: March 6, 2024, Case #: A179039, Categories: Employment Retaliation
J. Kamins finds the trial court properly declined to set aside judgment taking jurisdiction over a mother’s two children after she failed to appear for a hearing. “Mother presented no evidence that her lateness was due to public transportation or her economic status.” Affirmed.
Court: Oregon Court of Appeals, Judge: Kamins, Filed On: February 22, 2024, Case #: A182182, Categories: Family Law
J. Kamins finds the trial court properly entered a monetary award pursuant to an Islamic marriage contract entered into by a husband and wife. “Any error in relying on wife’s translation of the contract was harmless.” Affirmed.
Court: Oregon Court of Appeals, Judge: Kamins, Filed On: February 22, 2024, Case #: A178018, Categories: Family Law
J. Kamins finds the Land Use Board of Appeals properly interpreted the law when it remanded the Deschutes County Board of Commissioners’ approval of a rezoning application. “Consideration of whether land is agricultural land…must include consideration of whether the land’s resource designation and zoning is necessary to permit farm practices to be undertaken on adjacent or nearby agricultural lands.” Affirmed.
Court: Oregon Court of Appeals, Judge: Kamins, Filed On: January 24, 2024, Case #: A182073, Categories: Property, Zoning
J. Kamins finds the Oregon Liquor and Cannabis Commission properly cancelled petitioner’s liquor license after petitioner was charged with violations of Governor Kate Brown’s executive order by permitting indoor dining at its restaurant during a time when indoor restaurant dining was prohibited in Lane County as a result of the Covid-19 pandemic. “The challenged OHS guidance does not lack validity because it was not incorporated in the text of EO 20-66, was not separately filed with the Secretary of State, and was not adopted by OHA as an administrative rule.” Affirmed.
Court: Oregon Court of Appeals, Judge: Kamins, Filed On: January 24, 2024, Case #: A178679, Categories: Government, Covid-19
J. Kamins finds the Employment Relations Board (ERB) had authority to address a public employee’s challenge to a union’s deduction of about six weeks of union dues from her paycheck after she resigned her union membership. The legislature assigned ERB “authority to resolve disputes regarding an authorization for dues deductions independent of a ULP claim.” Affirmed.
Court: Oregon Court of Appeals, Judge: Kamins, Filed On: January 24, 2024, Case #: A179824, Categories: Labor / Unions
J. Kamins finds the trial court plainly erred in failing to instruct on the mental state for the element of sexual contact but declines to correct the error. The guilty verdicts, which indicate that the jury believed the touching had occurred make it "unlikely that the jury did not also find that defendant knowingly subjected the victim to sexual contact.” Affirmed.
Court: Oregon Court of Appeals, Judge: Kamins, Filed On: January 24, 2024, Case #: A178211, Categories: Sex Offender, Child Victims, Jury Instructions
J. Kamins finds the trial court erred in awarding costs and disbursements to the mother because she was not the prevailing party in a contempt action accusing the father of failing to pay for certain child-related expenses. “Because the trial court opted to dismiss the action without entering a contempt finding… plaintiff was not the prevailing party” and is unable to recover her costs. Reversed.
Court: Oregon Court of Appeals, Judge: Kamins, Filed On: January 4, 2024, Case #: A180820, Categories: Contempt, Family Law
J. Kamins finds that the post-conviction court properly denied relief to defendant, who was convicted of murder. “There is not a reasonable probability that, but for counsel’s failure to assign error to the denial of the motion on direct appeal, the result of the appeal would have been different.” Affirmed.
Court: Oregon Court of Appeals, Judge: Kamins, Filed On: January 4, 2024, Case #: A176849, Categories: Ineffective Assistance, Murder, Sentencing
J. Kamins finds the trial court properly committed appellant and prohibited her from purchasing or possessing firearms. “Appellant suffers from schizoaffective disorder which renders her dangerous to herself.” Affirmed.
Court: Oregon Court of Appeals, Judge: Kamins, Filed On: December 20, 2023, Case #: A179743, Categories: Commitment
[Consolidated] J. Kamins finds the trial court erred in allowing evidence gathered from defendant’s backpack after police searched it without a warrant or a valid exception to the warrant requirement. “Police may not search a nonarrested vehicle passenger’s property if it clearly belongs to the passenger, is within the passenger’s control, and no independent facts connect it to the arrestee.” Reversed.
Court: Oregon Court of Appeals, Judge: Kamins, Filed On: December 20, 2023, Case #: A177992, Categories: Evidence, Search, Identity Theft
J. Kamins finds the post-conviction court properly denied relief for defendant, convicted of murder, who claimed his trial counsel rendered ineffective assistance of counsel. “Even if another lawyer may have relied on a different strategy, that does not mean that counsel performed unreasonably.” Affirmed.
Court: Oregon Court of Appeals, Judge: Kamins, Filed On: December 20, 2023, Case #: A177921, Categories: Ineffective Assistance, Murder, Sentencing
J. Kamins finds the administrative rules that establish the Climate Protection Program, imposing “cap and reduce” regulations on the distribution of fossil fuels and requiring certain large stationary sources to limit their emissions from industrial processes, are invalid. “The rules creating the cap-and-reduce system apply to a Title V source and were adopted without compliance” of the law.
Court: Oregon Court of Appeals, Judge: Kamins, Filed On: December 20, 2023, Case #: A178216, Categories: Administrative Law, Government
J. Kamins finds the post-conviction court properly denied relief to petitioner who pleaded guilty to two counts of attempted aggravated murder with a firearm. “Counsel reasonably concluded that the jury would have viewed the footage as supporting a theory that petitioner acted out of revenge, rather than a desire to protect his friend.” Affirmed.
Court: Oregon Court of Appeals, Judge: Kamins, Filed On: November 29, 2023, Case #: A177937, Categories: Firearms, Murder, Sentencing
J. Kamins finds the trial court erred by prohibiting defendant from possessing firearms or ammunition following a conviction for harassment constituting domestic violence. State v. Eggers. Reversed.
Court: Oregon Court of Appeals, Judge: Kamins, Filed On: November 29, 2023, Case #: A178431, Categories: Firearms
J. Kamins finds the trial court properly denied defendant’s demurrer and convicted him on a conditional guilty plea for two counts of interfering with a peace officer. “Defendant was arrested only after the officers provided him alternative opportunities to remain in specific areas to continue filming.” Affirmed.
Court: Oregon Court of Appeals, Judge: Kamins, Filed On: November 29, 2023, Case #: A178357, Categories: Constitution
J. Kamins finds the juvenile court properly ruled that the Department of Human Services made reasonable efforts to reunify a mother with her daughters. “DHS made reasonable efforts towards reunification.” Affirmed.
Court: Oregon Court of Appeals, Judge: Kamins, Filed On: November 8, 2023, Case #: A181189, Categories: Family Law
J. Kamins finds the juvenile court properly adopted and implemented a Tribal Customary Adoptive Agreement involving a mother’s two children. “Mother’s rights were not substantially affected.” Affirmed.
Court: Oregon Court of Appeals, Judge: Kamins, Filed On: November 8, 2023, Case #: A181037, Categories: Family Law