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STATE EX REL. JOHNSON v. DALE

560 P.2d 650 (1977)

277 Or. 359

STATE of Oregon ex rel. Lee JOHNSON, Attorney General, Plaintiff, Relator, v. William M. DALE, Judge of the Circuit Court of the State of Oregon for the County of Multnomah, Defendant.

Supreme Court of Oregon, In Banc.

Decided March 3, 1977.

Attorney(s) appearing for the Case

W. Michael Gillette, Sol. Gen., Salem, argued the cause for plaintiff-relator. With him on the brief were Lee Johnson, Atty. Gen., and Catherine Allan, Asst. Atty. Gen., Salem.

Nely L. Johnson, Metropolitan Public Defender, Portland, argued the cause and filed a brief for defendant.

Before HOLMAN, P.J., and TONGUE, HOWELL, BRYSON, LINDE, MENGLER and BRADSHAW, JJ.

HOLMAN, Justice.

This is a proceeding in mandamus originated in this court by the state to require defendant Dale, a circuit court judge, to vacate an order granting a bifurcated trial in a criminal case with a separate factfinder for each part of the trial.

One Johann was charged with rape and with two counts of sodomy. He pleaded not guilty and gave notice of his intent to rely on the defense of lack of responsibility due to mental disease or defect (ORS...

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