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STATE EX REL. TURNER v. FRANKEL

SC S41709.

908 P.2d 293 (1995)

322 Or. 363

STATE of Oregon ex rel. Deangelo Leroy TURNER, Plaintiff-Relator, v. Honorable Kimberly C. FRANKEL, Judge of the Circuit Court of the State of Oregon for Multnomah County, Defendant.

Supreme Court of Oregon, In Banc.

Decided December 21, 1995.

Attorney(s) appearing for the Case

Robert A. Goffredi, Portland, and Leland R. Berger, Portland, argued the cause and filed the briefs for plaintiff-relator.

Timothy A. Sylwester, Assistant Attorney General, Salem, argued the cause for defendant. With him on the brief were Theodore R. Kulongoski, Attorney General, and Virginia L. Linder, Solicitor General.

CARSON, Chief Justice.

This is an original mandamus proceeding. Relator, Deangelo Leroy Turner, seeks a writ directing defendant judge to deny the state's motion for declaration of a mistrial on two counts of aggravated murder in a criminal prosecution of Relator. Relator further asks this court to direct defendant judge to dismiss, with prejudice, those two counts of aggravated murder.

In September of 1993, Relator...

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