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STATE EX REL. O'LEARY v. LOWE

SC S35838.

769 P.2d 188 (1989)

307 Or. 395

STATE of Oregon ex rel. James W. O'Leary, District Attorney for Clackamas County, Plaintiff-Relator, v. John K. LOWE, Judge of the Circuit Court of the State of Oregon for Clackamas County, Defendant.

Supreme Court of Oregon, In Banc.

Decided February 16, 1989.

Attorney(s) appearing for the Case

Virginia L. Linder, Sol. Gen., Salem, argued the cause on behalf of plaintiff-relator. With her on the petition for Alternative Writ of Mandamus were Dave Frohnmayer, Atty. Gen., Thomas H. Denney, Robert M. Atkinson, Janet A. Klapstein, and Christine Chute, Asst. Attys. Gen., Salem.

William T. Lyons, Oregon City, argued the cause and filed the response on behalf of the defendant.

FADELEY, Justice.

This is an original mandamus proceeding. Relator O'Leary is the District Attorney of Clackamas County responsible for prosecuting four cases of manslaughter in the first degree in which it is alleged that the four criminal defendants, acting together, beat a child to death.1 Defendant judge2 is the Clackamas County Circuit Court judge before whom the criminal trials are pending. The dispute...

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