State Ex Rel. Anderson v. Haas

Plaintiff, who has been indicted and is awaiting ial for a Class A felony, brought this mandamus roceeding to compel defendant, the Multnomah ounty District Attorney, to consider plaintiff for disrsion pursuant to ORS 135.881 et seq, as an altema-ve to prosecution at the present time. The altema-ve writ of mandamus alleges, in essence, that defend-it declined to consider plaintiff for diversion because is defendant’s policy or practice not to divert persons ho are charged with Class A felonies. Defendant imurred to the alternative writ on the grounds it did )t state sufficient facts to…