State v. Baker

This original mandamus proceeding 1 presents the question whether ORS 136.001(1), which purports to grant to the state the right in criminal prosecutions to insist on a jury trial, even if the defendant chooses to waive such a trial, is constitutional. We hold that the statute violates Article I, section 11, of the Oregon Constitution.

This proceeding arises out of a criminal case in which defendant-adverse party Toni Jean Baker (defendant) is charged by a five-count Clackamas County indictment with the felony offenses of attempted aggravated murder, kidnapping in the first degree, criminal…