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STATE EX REL. OTT v. CUSHING

No. 80-522-C; SC 27199.

617 P.2d 610 (1980)

289 Or. 695

STATE of Oregon ex rel. Calvin Roy Ott, Plaintiff-Relator, v. L.A. CUSHING, As Circuit Judge of the State of Oregon for Josephine County, Defendant-Respondent.

Supreme Court of Oregon, In Banc.

Decided October 7, 1980.

Attorney(s) appearing for the Case

Donald F. Myrick, Grants Pass, argued the cause and filed the brief for plaintiff-relator.

William F. Gary, Deputy Sol. Gen., Salem, argued the cause for defendant-respondent. With him on the brief were James M. Brown, Atty. Gen., and John R. McCulloch, Jr., Sol. Gen., Salem.

TONGUE, Justice.

This is a mandamus proceeding in which the petitioner, who is the defendant in a criminal prosecution for the crime of murder, seeks to modify an order issued by the respondent, the trial judge before whom that proceeding is pending, which directed the defendant to submit to a psychiatric examination under conditions specified by the terms of that order.

Both attorneys for petitioner and attorneys...

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