SEXSON v. MERTEN

No. 10-81-01724; SC 27750.

631 P.2d 1367 (1981)

291 Or. 441

Jeffrey Marshall SEXSON, Plaintiff-Relator, v. Maurice K. MERTEN, Judge of the Circuit Court of the State of Oregon for Lane County, Defendant.

Supreme Court of Oregon, In Banc.

Decided August 4, 1981.


Attorney(s) appearing for the Case

Robert J. Larson, Public Defender, Public Defender Services of Lane County, Inc., Eugene, argued the cause and filed the brief for plaintiff-relator.

William F. Gary, Sol. Gen., argued the cause for defendant. With him on the brief were Dave Frohnmayer, Atty. Gen. and Stephen F. Peifer, Asst. Atty. 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 rape, seeks to compel the respondent, who is the trial judge before whom defendant secured his release pending trial, to remove certain conditions placed by the judge in the "security release agreement" under which defendant was released pending trial pursuant to ORS 135.265(1) and (2).1

The attorneys...

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