State Ex Rel. Schrunk v. Johnson

State appeals denials of its petitions for writs of mandamus and prohibition, sought to prevent the defendant judge from enforcing an order for a new trial. We reverse and remand with instructions to issue the writ of mandamus and to dismiss the petition for writ of prohibition.

On August 5,1985, a jury returned a verdict of guilty in State v. Diane Englestad, Multnomah County District Court Case No. DA 294978-8503. On January 13,1986, defendant entered a judgment of conviction and imposed sentence, at which time Englestad filed a motion for a new trial. On January 31, 1986, the court held an…