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STATE EX REL. HALL v. RIGGS

SC S40649.

877 P.2d 56 (1994)

319 Or. 282

STATE ex rel. Frank A. HALL, Director of the Oregon Department of Corrections, and Manfred Maass, Superintendent of the Oregon State Penitentiary, Plaintiffs-Relators, v. R. William RIGGS, Judge of the Court of Appeals of the State of Oregon, Defendant, and Donald Harold Graham, Intervenor.

Supreme Court of Oregon, In Banc.

Decided July 21, 1994.

Reconsideration Denied October 4, 1994.

Attorney(s) appearing for the Case

Robert B. Rocklin, Asst. Atty. Gen., Salem, argued the cause and filed the brief for plaintiffs-relators. With him on the brief were Theodore R. Kulongoski, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Lawrence Matasar of Hoffman & Matasar, Portland, argued the cause and filed the brief for defendant.

Donald H. Graham, intervenor pro se, filed a brief.

GILLETTE, Justice.

This is an original mandamus proceeding in which relators, the Director of the Oregon Department of Corrections and the Superintendent of the Oregon State Penitentiary (hereafter collectively called "relators"), challenge the authority of the defendant judge, a Judge of the Court of Appeals,1 to enter an order that denied to the Department of Corrections the power to commit an...

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