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STEVENS v. CZERNIAK

CC 99C20086; SC S50103.

84 P.3d 140 (2004)

336 Or. 392

Gary Todd STEVENS, Petitioner-Relator, v. Stan CZERNIAK, Superintendent of Oregon State Penitentiary, Defendant Adverse Party.

Supreme Court of Oregon, En Banc.

Decided February 5, 2004.

Attorney(s) appearing for the Case

Kenneth Lerner, Portland, argued the cause and filed the briefs for petitioner-relator.

Timothy A. Sylwester, Assistant Attorney General, Salem, argued the cause for defendant-adverse party. With him on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Marc Sussman, P.C., Portland, filed the brief for amicus curiae Oregon Criminal Defense Lawyers Association.

David Sugerman, Paul and Sugerman, P.C., Portland, filed the brief for amicus curiae Oregon Trial Lawyers Association.

KISTLER, J.

This mandamus case arises out of a post-conviction proceeding. Petitioner (the relator in the mandamus case) contends that the trial court impermissibly required him to rely on written submissions to prove his case and to provide pretrial disclosure of his expert witnesses' names and testimony. We conclude that the premise of petitioner's first objection—that the court required him to prove his case by written submissions—is not well taken...

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