State v. Pena

This is an original mandamus proceeding in which the defendant in an aggravated murder case seeks to compel the presiding judge of the Multnomah County Circuit Court to disqualify the judge assigned to hear his case in the underlying criminal action. For the reasons that follow, we dismiss the writ.

The following undisputed facts are pertinent to our decision. On October 29, 2007, defendant was indicted on multiple charges, including a charge of aggravated murder, in the death of Ricardo Martinez. Defendant was arraigned, and defense lawyers Falls and Berger were assigned to represent him. On…