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STATE EX REL. SCHRUNK v. ROTH

SC S34653.

757 P.2d 419 (1988)

STATE of Oregon, ex rel. Michael D. Schrunk, District Attorney for Multnomah County, Plaintiff-Relator, v. Phillip J. ROTH, Judge of the Circuit Court for Multnomah County, Defendant.

Supreme Court of Oregon.

Decided July 26, 1988.

Attorney(s) appearing for the Case

Leland R. Berger, Portland, argued the cause for defendant. Jack L. Schwartz, Portland, filed the brief.

Janet A. Klapstein, Asst. Atty. Gen., Salem, argued the cause for plaintiff-relator. With her on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before PETERSON, C.J. and LINDE, CAMPBELL, CARSON, GILLETTE, and JONES, JJ., and VAN HOOMISSEN, J., pro tem.

JONES, Justice, specially concurring.

This is an original proceeding in mandamus brought by the state against a circuit court judge to compel him to vacate an order severing the criminal trial of Paul Wanner from that of his jointly charged co-defendants, Douglas Shirey and Tracy Brown. This court issued an alternative writ of mandamus on January 20, 1988, to which the defendant judge filed an answer. Shortly before oral argument in this court, counsel for the criminal...

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