STATE EX REL. WOODEL v. WALLACE

C86-12-145; CA A42847.

750 P.2d 178 (1988)

89 Or.App. 478

STATE of Oregon ex rel. Richard and Crystal Woodel, Individuals and As Husband and Wife, and Sarah Herbold, an Individual, Respondents, v. William N. WALLACE, Curry County District Attorney, Appellant.

Court of Appeals of Oregon.

Decided February 10, 1988.

Review Denied April 5, 1988.

Reconsideration Denied March 18, 1988.


Attorney(s) appearing for the Case

Jonathan H. Fussner, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Sally L. Avera, Deputy Public Defender, Salem, argued the cause for respondent State of Oregon ex rel. Richard and Crystal Woodel. With her on the brief was Gary D. Babcock, Public Defender, Salem.

No appearance for respondent Sarah Herbold.

Before WARDEN, P.J., JOSEPH, C.J., and VAN HOOMISSEN, J.


VAN HOOMISSEN, Judge.

This appeal arises from writ of mandamus. Defendant seeks reversal of a trial court order requiring him to record the testimony of all witnesses appearing before the grand jury in the matter for which plaintiffs were subpoenaed. The dispositive issue is whether the court had the authority to enter the challenged order. We conclude that it did not and reverse.

Plaintiffs were contacted by police during an arson investigation. They exercised...

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