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STATE EX REL. REDDEN v. VAN HOOMISSEN

576 P.2d 355 (1978)

281 Or. 647

STATE of Oregon ex rel. James A. Redden, Attorney General, Plaintiff-Relator, v. George A. VAN HOOMISSEN, Judge of the Circuit Court of the State of Oregon for the County of Multnomah, Defendant.

Supreme Court of Oregon, In Banc.

Decided March 28, 1978.

Rehearing Denied May 23, 1978.

Attorney(s) appearing for the Case

Catherine Allan, Asst. Atty. Gen., Salem, argued the cause for plaintiff-relator. With her on the briefs were James A. Redden, Atty. Gen., and Al J. Laue, Sol. Gen., Salem.

Alex Christy, Portland, argued the cause and filed a brief for defendant.

Rehearing Denied May 23, 1978. See 579 P.2d 222.

HOLMAN, Justice.

This is an original proceeding in mandamus brought by the state against a circuit court judge to compel him to vacate an order granting a new trial in a criminal case. One Robinson was convicted of robbery in the second degree in a jury trial before defendant. Thereafter, Robinson filed a motion for a new trial which was granted by defendant by an order entered...

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