50 results for 'judge:"Lagesen"'.
J. Lagesen finds the trial court properly dismissed a habeas corpus proceeding in which defendant sought a remedy for, among other things, alleged violations of his constitutional rights with respect to his legal mail. The court “was persuaded that, as of the time of the hearing, the mail issue was not ongoing.” Affirmed.
Court: Oregon Court of Appeals, Judge: Lagesen, Filed On: April 10, 2024, Case #: A179702, Categories: Habeas, Prisoners' Rights
J. Lagesen finds the court properly denied a petition for post-conviction relief from convictions resulting from no contest pleas. “The post-conviction court found petitioner not credible in her assertion that she would have rejected the plea deal had counsel provided different advice.” Affirmed.
Court: Oregon Court of Appeals, Judge: Lagesen, Filed On: April 10, 2024, Case #: A179628, Categories: Ineffective Assistance, Sentencing
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J. Lagesen finds the post-conviction properly dismissed defendant's request for relief. “The court was not required to be persuaded by the results of petitioner’s year-late Domestic Violence Report assessment, especially given its timing and the fact that the methodology of that assessment was not disclosed.” Affirmed.
Court: Oregon Court of Appeals, Judge: Lagesen, Filed On: February 22, 2024, Case #: A177953, Categories: Sentencing, Domestic Violence
J. Lagesen finds the juvenile court properly exercised jurisdiction over a father’s child. “The evidence shows that, absent intervention, the circumstances pose a nonspeculative risk of harm to [the child’s] wellbeing.” Affirmed.
Court: Oregon Court of Appeals, Judge: Lagesen, Filed On: February 22, 2024, Case #: A181624, Categories: Family Law
J. Lagesen finds the Appellate Commissioner erred in concluding that defendant’s failure to submit the proposed notice of appeal within the 90-day window deprived the court of jurisdiction to grant defendant’s motion. “Defendant’s failure to accompany the motion with the notice of appeal he sought to file does not deprive us of jurisdiction.” Reversed.
Court: Oregon Court of Appeals, Judge: Lagesen, Filed On: January 31, 2024, Case #: A180649, Categories: Criminal Procedure
J. Lagesen finds the trial court erred by denying an anti-SLAPP motion by an anti-Antifa group of individuals after concluding that a brewery had put forth sufficient evidence to make a prima facie case for tort liability based on employees and items damaged during a fight. The bar and owner did not provide evidence that the anti-Antifa group "engaged in tortious conduct, and they did not produce evidence that would permit the imposition of liability.” Reversed.
Court: Oregon Court of Appeals, Judge: Lagesen, Filed On: January 31, 2024, Case #: A173013, Categories: Anti-slapp, First Amendment
J. Lagesen finds the post-conviction court erred in denying petitions for relief. “Petitioner’s demonstration that his ground for relief falls within the relevant escape clause or clauses is sufficient to allow him to pursue that ground for relief.” Reversed.
Court: Oregon Court of Appeals, Judge: Lagesen, Filed On: January 31, 2024, Case #: A177440, Categories: Sentencing
J. Lagesen finds the Land Use Board of Appeals (LUBA) erred in granting Tillamook County’s motion to dismiss for lack of jurisdiction. LUBA erred in determining that “petitioners had not demonstrated that the challenged decisions were final decisions, and its order is therefore unlawful in substance.” Affirmed.
Court: Oregon Court of Appeals, Judge: Lagesen, Filed On: January 10, 2024, Case #: A182569, Categories: Government
J. Lagesen finds the Land Use Board of Appeals (LUBA) properly granted Tillamook County’s motion to dismiss for lack of jurisdiction petitioners’ appeal of a county order that temporarily paused the county’s processing of applications for new short-term rental (STR) permits. LUBA reasoned that the county’s order did not affect petitioners’ ability to build the dwellings they intended to use as STRs. Affirmed.
Court: Oregon Court of Appeals, Judge: Lagesen, Filed On: January 10, 2024, Case #: A182566, Categories: Construction, Government
J. Lagesen finds the trial court erred by imposing a punitive contempt sanction of incarceration in a remedial contempt proceeding. “The law has long been clear that putting a person in jail for a fixed term is not a legally permissible option in a remedial contempt proceeding.” Reversed.
Court: Oregon Court of Appeals, Judge: Lagesen, Filed On: December 20, 2023, Case #: A178532, Categories: Contempt
J. Lagesen finds the Oregon Health Authority properly adopted rules that imposed Covid-19 vaccination requirements on providers and staff in healthcare settings, and on teachers and staff in school settings, respectively. “Two statutes provided OHA with sufficient authority to adopt both rules.”
Court: Oregon Court of Appeals, Judge: Lagesen, Filed On: December 13, 2023, Case #: A176977, Categories: Government, Health Care
J. Lagesen finds the post-conviction court properly denied relief to defendant who pled guilty to first-degree theft, burglary, felon in possession of a firearm and unauthorized use of a vehicle. “Petitioner’s trial counsel was not required to advise in 2018 about the possibility of the United States Supreme Court 2020 decision finding Oregon’s nonunanimous jury rule unconstitutional.” Affirmed.
Court: Oregon Court of Appeals, Judge: Lagesen, Filed On: November 29, 2023, Case #: A178925, Categories: Burglary, Firearms, Theft
J. Lagesen finds the trial court properly committed an individual. “Due to his mental disorder, his medical conditions, and lack of safe housing, [the individual] faces a nonspeculative risk of suffering a serious, life-threatening heart attack that compromises his survival.” Affirmed.
Court: Oregon Court of Appeals, Judge: Lagesen, Filed On: November 29, 2023, Case #: A180594, Categories: Commitment
J. Lagesen finds the juvenile court erred by rejecting a father’s arguments that the orders allowing intervention by his child’s former foster mom adversely affected his parental rights. “An order allowing intervention burdens father’s fundamental right to parent his son.” Vacated.
Court: Oregon Court of Appeals, Judge: Lagesen, Filed On: November 29, 2023, Case #: A180965, Categories: Family Law
J. Lagesen finds the trial court erred by civilly committing appellant on the ground that he is unable to provide for his basic needs. “At the time of the purported waiver, counsel had not yet advised appellant of his right to appeal.” Reversed.
Court: Oregon Court of Appeals, Judge: Lagesen, Filed On: November 1, 2023, Case #: A180155, Categories: Commitment
J. Lagesen finds the Land Use Board of Appeals properly affirmed Yamhill County’s conclusion that an ordinance required a company to obtain an extension of its conditional use permit to continue developing its solar farm project. “The county’s common-law vesting analysis was collateral to the issue before the county.” Affirmed.
Court: Oregon Court of Appeals, Judge: Lagesen, Filed On: October 11, 2023, Case #: A181678, Categories: Property
J. Lagesen finds the trial court properly dismissed negligence claims by a firefighter who was severely injured while fighting the Sugar Pine Fire when his dozer went over a cliff. Because the firefighter "has a remedy for an injury under the Workers’ Compensation Act, the application to preclude tort remedies against third-party state employees does not violate the remedy clause.”
Court: Oregon Court of Appeals, Judge: Lagesen, Filed On: October 4, 2023, Case #: A174313, Categories: Employment, Negligence, Workers' Compensation
J. Lagesen finds the trial court properly committed appellant on the ground that he is dangerous to others and prohibited him from possessing a firearm. “It is not obvious that the citation was not served on appellant as required.” Affirmed.
Court: Oregon Court of Appeals, Judge: Lagesen, Filed On: October 4, 2023, Case #: A179346, Categories: Commitment, Firearms
J. Lagesen finds the post-conviction court properly denied relief to defendant in a way that does not violate his due process rights. “No source of federal law…requires the state to allow a petitioner to challenge convictions, no matter how old, on the ground that they were rendered by nonunanimous verdicts.” Affirmed.
Court: Oregon Court of Appeals, Judge: Lagesen, Filed On: October 4, 2023, Case #: A177644, Categories: Sentencing, Due Process
J. Lagesen finds the juvenile court properly denied foster parents’ motion to intervene in a juvenile dependency case subject to ICWA and ORICWA. The foster parents have not “demonstrated that they satisfied the criteria for intervention.” Affirmed.
Court: Oregon Court of Appeals, Judge: Lagesen, Filed On: September 27, 2023, Case #: A180340, Categories: Family Law