State ex rel. Coon v. Vandenberg
This text of 280 P.2d 350 (State ex rel. Coon v. Vandenberg) is published on Counsel Stack Legal Research, covering Oregon Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
This is an original proceeding in mandamus involving the same question that we this day decided in the case of State ex rel Bushman v. Vandenberg. As in that proceeding it appeared that the defendant, the Honorable David R. Vandenberg, refused to act as [314]*314judge in a criminal case pending before bim solely because the district attorney had filed a motion for a change of judge pursuant to ORS 14.220 and 14.230. In the other case we held the statute unconstitutional and ordered the issuance of a peremptory writ. For the reasons given in our opinion in that case the same result must follow here.
It is therefore ordered that a peremptory writ issue commanding the defendant to proceed with the determination of the criminal case of the State of Oregon v. Florin Melvin Coon pending in Klamath County.
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Cite This Page — Counsel Stack
280 P.2d 350, 203 Or. 313, 1955 Ore. LEXIS 219, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-coon-v-vandenberg-or-1955.