Recent changes
State v. Grosser - Restitution Award Upheld
The Oregon Court of Appeals affirmed a restitution award in the case of State v. Grosser. The defendant pleaded guilty to menacing constituting domestic violence and interference with making a report. The court reviewed the imposition of restitution for errors of law and found no grounds for appeal.
State v. Long - Criminal Conviction Affirmed
The Oregon Court of Appeals affirmed a conviction for first-degree sexual abuse in State v. Long. The court found no plain error in the state's closing arguments, despite the defendant's failure to object during trial. The decision upholds the lower court's judgment.
State v. Deleon - Resentencing Ordered for Resisting Arrest Conviction
The Oregon Court of Appeals reversed and remanded a conviction for resisting arrest for Sheanah Jean Marie Deleon. The court found that the trial court plainly erred by failing to instruct the jury on the required culpable mental state for the resisting arrest charge. The case is remanded for resentencing and potentially a new trial on the resisting arrest charge.
Doiban v. OLCC - $10,000 Sanction for Fabricated Case Citations
The Oregon Court of Appeals has sanctioned petitioner's counsel $10,000 for submitting a brief containing fabricated case citations and quotations. The court has directed counsel to pay the sanction and allowed petitioner to file a replacement brief.
Oregon Court of Appeals affirms summary judgment in wrongful death case
The Oregon Court of Appeals affirmed a trial court's summary judgment in a wrongful death case. The court found that the risk of harm from a minor's unsupervised access to firearms was not foreseeable to the defendant parent as a matter of law, upholding the dismissal of the case against the defendant.
Oregon Court of Appeals Reverses Adverse Possession Claim
The Oregon Court of Appeals reversed and remanded a judgment granting plaintiff all interest in a roadway based on adverse possession. The court found the evidence legally insufficient to support a finding of exclusive possession, a requirement for adverse possession claims under ORS 105.620(1)(a).
State v. Demby - Unlawful Use of Mace Affirmation
The Oregon Court of Appeals affirmed a conviction for second-degree unlawful use of mace in State v. Demby. The court found sufficient evidence based on eyewitness testimony, rejecting the defendant's argument that chemical analysis was required.
Pickard v. Bland - Father's Custody Appeal Denied
The Oregon Court of Appeals affirmed a trial court's decision denying a father's motion to modify custody and parenting time. The court found no error in the trial court's application of best-interest factors or its findings regarding the child's frequent and continuing contact with the father.
State v. Dubois - Affirmation of Probation Revocation
The Oregon Court of Appeals affirmed a lower court's decision to revoke Anna Louise Dubois' probation and impose a prison sentence. The defendant argued the trial court abused its discretion by not explaining how her admissions contributed to the revocation decision.
State v. Quirk - Criminal Case
The Oregon Court of Appeals affirmed a conviction for 15 sex crimes against Devin Michael Quirk but remanded the case for resentencing due to a conceded sentencing error. The court rejected the defendant's other assignments of error.
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