State Ex Rel. Davey v. Frankel

*288CARSON, C. J.

Plaintiff-relator is the defendant in a Multnomah County Circuit Court criminal proceeding. He is charged in a four-count indictment with third degree rape and sodomy. The parties do not dispute that relator has complied with the statutory prerequisites entitling him to a pretrial hearing under OEC 4121 to determine the admissibility of evidence of the victim’s past sexual behavior.

The trial court judge, who is the defendant in this mandamus proceeding, ruled that relator was entitled to a pretrial OEC 412 hearing and that the hearing would be closed to the public pursuant to OEC…