State Ex Rel. Huddleston v. Sawyer

I agree with the majority that, in this case, mandamus is an appropriate procedural mechanism for obtaining judicial review of relator’s (and, necessarily, the state’s) claims of error regarding the sentencing of Vanzant. Relator has no plainly available remedy in the ordinary course of law but not for the reason relied on by the majority. In response to the parties’ arguments on the merits, the majority refuses to address Vanzant’s claim under the Guarantee Clause of Article IV, section 4, of the United States Constitution, asserting that that claim is “not justiciable.” 324 Or at 618. For…