Sexson v. Merten

This is a mandamus proceeding in which the petitioner, who is the defendant in a criminal prosecution for the crime of rape, seeks to compel the respondent, who is the trial judge before whom defendant secured his release pending trial, to remove certain conditions placed by the judge in the “security release agreement” under which defendant was released pending trial pursuant to ORS 135.265(1) and (2).

The attorneys for the defendant and the attorneys for the State of Oregon, who represent the respondent (the trial judge), agree on the relevant facts of the case. Defendant was indicted for…