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STATE v. SUTHERLAND

(CC 983427CR; SC S46458)

987 P.2d 501 (1999)

329 Or. 359

STATE of Oregon, Plaintiff-Relator, v. Myron Robert SUTHERLAND, Jr., Defendant-Adverse Party.

Supreme Court of Oregon, En Banc.

Decided October 7, 1999.

Attorney(s) appearing for the Case

Kaye E. McDonald, Assistant Attorney General, Salem, argued the cause for plaintiff-relator. With her on the briefs were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Peter J. Richard, of Aspell, Della-Rose & Richard, Klamath Falls, argued the cause and filed the brief for defendant-adverse party.

Emily Simon, Portland, argued the cause and filed the brief for amici curiae Oregon Criminal Defense Lawyers Association and State Public Defender. With her on the brief was David Groom, State Public Defender.

GILLETTE, J.

This is an original mandamus proceeding brought under ORS 34.250 and Article VII (Amended), section 2, of the Oregon Constitution. Petitioner, the State of Oregon (the state), asks this court to overturn an order of the circuit court entered before trial in the underlying criminal case, which presently is set for trial beginning on October 13, 1999, in the Klamath County Circuit Court. Defendant is charged with assault in the second degree, ORS 163.175...

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