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Oregon Appellate Ct - Oct 12, 2016

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by: Sara Werboff • October 14, 2016 • no comments

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*Juvenile Dependency and Delinquency - Juvenile Court Lacked Authority to Order Youth to OYA Custody
 
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'''Juvenile Dependency and Delinquency - Juvenile Court Lacked Authority to Order Youth to OYA Custody'''
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Youth appealed in parallel juvenile dependency and delinquency proceedings the juvenile court's order that awarded custody of the youth to the Oregon Youth Authority (OYA).  The youth was not adjudicated delinquent.  The state conceded that because youth was not adjudicated delinquent, and because no statute authorized OYA to take custody of a dependent youth, OYA lacked authority to exercise custody and control over the youth.  The court agrees and reverses the order.  The court also finds that in light of the disposition in the dependency case, the parallel delinquency case is moot. 
  
 
[http://www.publications.ojd.state.or.us/docs/A161679.pdf DHS v. S.R.R.], 281 Or App 619 (per curiam)
 
[http://www.publications.ojd.state.or.us/docs/A161679.pdf DHS v. S.R.R.], 281 Or App 619 (per curiam)
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[http://www.publications.ojd.state.or.us/docs/A161715.pdf State v. S.R.R.], 281 Or App 621 (per curiam)
 
[http://www.publications.ojd.state.or.us/docs/A161715.pdf State v. S.R.R.], 281 Or App 621 (per curiam)

Revision as of 09:47, October 15, 2016

Exculpatory Evidence

State v. Bray, 281 Or App 584 (2016) (Schuman, S.J)


Interrogation

State v. Hensley, 281 Or App 523 (2016) (Garrett, J.)


Sufficiency of Evidence - Hindering Prosecution

State v. Hutchins, 281 Or App 495 (2016) (Sercombe, P.J.)


Merger

State v. Norris, 281 Or App 512 (2016) (Tookey, J.)

Merger

State v. Breshears, 281 Or App 552 (2016) (Garrett, J.)


Attorney Fees

State v. Musgrave, 281 Or App 473 (2016) (Ortega, P.J.)


Juvenile Dependency

DHS v. P.A., 281 Or App 476 (2016) (Ortega, P.J.)


Juvenile Dependency and Delinquency - Juvenile Court Lacked Authority to Order Youth to OYA Custody

Youth appealed in parallel juvenile dependency and delinquency proceedings the juvenile court's order that awarded custody of the youth to the Oregon Youth Authority (OYA). The youth was not adjudicated delinquent. The state conceded that because youth was not adjudicated delinquent, and because no statute authorized OYA to take custody of a dependent youth, OYA lacked authority to exercise custody and control over the youth. The court agrees and reverses the order. The court also finds that in light of the disposition in the dependency case, the parallel delinquency case is moot.

DHS v. S.R.R., 281 Or App 619 (per curiam)

State v. S.R.R., 281 Or App 621 (per curiam)