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STATE EX REL. CARLILE v. LEWIS

CC 90010097; SC S37149.

800 P.2d 786 (1990)

310 Or. 541

STATE of Oregon, ex rel. Jason Carlile, District Attorney for Linn County, Plaintiff-Relator, v. William O. LEWIS, Judge of the Circuit Court of the State of Oregon for Linn County, Defendant.

Supreme Court of Oregon, In Banc.

Decided November 8, 1990.

Attorney(s) appearing for the Case

Michael C. Livingston, Asst. Atty. Gen., Salem, argued the cause for plaintiff-relator. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Michael E. Swaim, of Swaim & Betterton, P.C., Salem, argued the cause and filed the brief for defendant.

PER CURIAM.

This is a mandamus proceeding. On January 30, 1990, Edwin James McLeod, Sr., was charged by indictment with the crime of sexual abuse involving a 10-year-old child. On April 2, 1990, McLeod's attorney wrote to the defendant judge:

"I have served a copy of a subpoena duces tecum on Children's Services Division for the purpose of having the case file of the alleged victim in the above-entitled case * * * delivered to your office on April 10, 1990...

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