STATE EX REL COSTELLO v. COTTRELL

CC 93-CV-0029-MS; SC S40217.

867 P.2d 498 (1994)

318 Or. 338

STATE of Oregon, ex rel., Donald Owen COSTELLO, Plaintiff-Relator, v. The Honorable F. Gordon COTTRELL, Judge of the Circuit Court of the State of Oregon sitting for Deschutes County, Defendant.

Supreme Court of Oregon.

Decided February 10, 1994.


Attorney(s) appearing for the Case

Gordon J. Evans of Holmes, Hurley, Bryant, Lovlien & Lynch, Bend, argued the cause for plaintiff-relator. With him on the briefs was Duane J. McCabe, of Smith & McCabe, Bend.

Philip G. Henderson, Bend, argued the cause and filed the brief for defendant.

Before CARSON, C.J., and PETERSON, GILLETTE, VAN HOOMISSEN, FADELEY, UNIS and GRABER, JJ.


UNIS, Justice.

The issue in this mandamus proceeding is whether defendant judge, a circuit court judge presiding over a grandparent visitation proceeding in Deschutes County, erred in ordering discovery of a sealed Grant County adoption file. We hold that defendant judge erred. We therefore direct that a peremptory writ of mandamus shall issue requiring defendant judge to vacate the discovery order.

Child1 was born on May 19, 1989...

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