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STATE v. MacBALE

(CC CR1100933; SC S060079).

305 P.3d 107 (2013)

353 Or. 789

STATE of Oregon, Plaintiff-Adverse Party, v. Dean Ramiz MACBALE, Defendant-Relator.

Supreme Court of Oregon, En Banc.

Resubmitted January 7, 2013.

Decided July 25, 2013.

Attorney(s) appearing for the Case

John Henry Hingson, III , Oregon City, argued the cause and filed the brief for defendant-relator.

Michael A. Casper , Assistant Attorney General, Salem, argued the cause and filed the brief for plaintiff-adverse party. With him on the brief were John Kroger , Attorney General, and Anna Marie Joyce , Solicitor General.

Margaret Garvin , Portland, filed the brief for amicus curiae The National Crime Victim Law Institute. With her on the brief was Amy Liu.

BALMER, C.J.

This is an original proceeding in mandamus. The issue presented is whether the state or federal constitution requires that a hearing to determine the admissibility of a rape victim's past sexual conduct be open to the public, notwithstanding that a statute mandates that that hearing be held outside the presence of the public. Relator is the defendant in a criminal action in which he has been charged with various sex crimes. Defendant claims that the alleged...

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