State ex rel. Schrunk v. Keys

Defendant, a district court judge, appeals from the circuit court’s peremptory writ of mandamus, directing him to vacate his order allowing a new trial in a DUII case and to reinstate the judgment of conviction.1 We conclude that mandamus is not available to correct the error, if any, in defendant’s ruling, and reverse.

In State ex rel Haas u. Schwabe, 276 Or 853, 556 P2d 1366 (1976), the Supreme Court affirmed a circuit court’s writ of mandamus, directing the defendant district court judge to reinstate a verdict of guilty which he had purported to set aside after granting a post-verdict sua…