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STATE v. PENA

(CC 071035138; SC S055655).

191 P.3d 659 (2008)

345 Or. 198

STATE of Oregon, Plaintiff-Adverse Party, v. Oscar F. PENA, Defendant-Relator, and Presiding Judge Jean Kerr Maurer, Intervenor.

Supreme Court of Oregon, En Banc.

Decided August 14, 2008.

Attorney(s) appearing for the Case

Paul L. Smith, Assistant Attorney General, Salem, argued the cause and filed the brief for plaintiff-adverse party.

Laura Graser, Portland, argued the cause and filed the briefs for defendant-relator.

Roy Pulvers, of Hinshaw & Culbertson LLP, Portland, filed the brief for intervenor Presiding Judge Jean Kerr Maurer.

GILLETTE, J.

This is an original mandamus proceeding in which the defendant in an aggravated murder case seeks to compel the presiding judge of the Multnomah County Circuit Court to disqualify the judge assigned to hear his case in the underlying criminal action. For the reasons that follow, we dismiss the writ.

The following undisputed facts are pertinent to our decision. On October 29, 2007, defendant was indicted on multiple charges, including a charge...

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