Oregon Appellate Ct - Feb 15, 2017

by: Sara Werboff • February 20, 2017 • no comments

Jones v. Board of Parole and Post-Prison Supervision, 283 Or App 650 (2017) (Ortega, P.J.)

State v. Stuart, 283 Or App 672 (2017) (Egan, J.)

King v. Board of Parole and Post-Prison Supervision, 283 Or App 689 (2017) (Lagesen, J.)

Juvenile Dependency - Juvenile Court Lacked Authority to Order DHS to Place Children with Grandparent

The court rejects parents and children's claims of error, holding that there was sufficient evidence that children were endangered and that the juvenile court properly concluded that it lacked authority to order DHS to place the children with their great-grandmother. Although the juvenile court, under ORS 419B.331, may take children under the protective supervision of the court and then give legal custody to great-grandmother, that was not parents' argument below. Instead, parents argued that even if the juvenile court placed the children in DHS custody, under ORS 419B.337(1), it could still order DHS to place the children with great-grandmother. The court concludes that the legislature di dnot intend to confer such authority on the juvenile court. Instead, DHS has the authority to determine the placement.

DHS v. S.E.K.H./J.K.H., 283 Or App 703 (2017) (Lagesen, J.)

Bell v. Board of Parole and Post-Prison Supervision, 283 Or App 711 (2017) (Garrett, J.)

Per Curiam - Multiple Sex Abuse Convictions Merged

Under State v. Nelson, 282 Or App 427 (2016), guilty verdicts for sex abuse counts merged because they arose from the same conduct or criminal activity and because the acts were not separated by a sufficient pause.

State v. Phelps, 283 Or App 723 (2017) (per curiam)

Per Curiam - Trial Court Plainly Erred in Imposing Court-Appointed Attorney Fees

The court accepts the state's concession that the trial court erred in imposing the "relatively de minimus" $200 attorney fee award.

State v. Brockway, 283 Or App 726 (2017) (per curiam)