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STATE EX REL. UPHAM v. BONEBRAKE

S33469.

736 P.2d 1020 (1987)

303 Or. 361

STATE of Oregon, ex rel. Scott Upham, District Attorney for Washington County, Plaintiff-Relator, v. Alan C. BONEBRAKE, Judge of the Circuit Court of the State of Oregon for Washington County, Defendant.

Supreme Court of Oregon.

Decided May 12, 1987.

Attorney(s) appearing for the Case

Jonathan H. Fussner, Asst. Atty. Gen., Salem, argued the cause for plaintiff-relator. On brief was Dave Frohnmayer, Atty. Gen., Virginia Linder, Sol. Gen., and Terry Ann Leggert, Asst. Atty. Gen., Salem.

James K. Gardner, Hillsboro, argued the cause and filed the briefs for defendant.

Before PETERSON, C.J., and LENT, LINDE, CARSON, JONES and GILLETTE, JJ.

GILLETTE, Justice.

This mandamus proceeding arose out of a criminal prosecution for rape and sexual abuse. Defense counsel in the criminal case moved prior to trial for an order requiring the state to produce the complaining witness for a pretrial interview. The witness, a minor, was not in the custody of any state agency. The trial judge (defendant in this proceeding) held a hearing on the motion, during which the deputy district attorney assigned to the case informed...

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