State Ex Rel. Johnson v. Dale

This is a proceeding in mandamus originated in this court by the state to require defendant Dale, a circuit court judge, to vacate an order granting a bifurcated trial in a criminal case with a separate factfinder for each part of the trial.

One Johann was charged with rape and with two counts of sodomy. He pleaded not guilty and gave notice of his intent to rely on the defense of lack of responsibility due to mental disease or defect (ORS 161.295) 1 and on the defense of partial responsibility due to mental disease or defect (ORS 161.300). 2 Thereafter the state exercised its right under ORS…