Miscellaneous Supreme Court dispositions, May 29-June 2, 2014

569
MISCELLANEOUS SUPREME COURT
DISPOSITIONS
(330 P3d 771)
CERTIFIED QUESTIONS, CERTIFIED APPEALS,
MANDAMUS PROCEEDINGS, AND OTHER MATTERS
May 29, 2014
Amrine v. Eby (S061147). Peremptory writ of mandamus issued.
Garrett v. New Hampshire Insurance Company (S062199). Certified question
accepted.
June 2, 2014
State v. Glassmyer, Jeffrey Lewis (S062291); State v. Lubbers, Michael David
(S062292); State v. Crump, Bradley Shea (S062297). Alternative writ of
mandamus issued. Petition for writ of mandamus dismissed, see 355 Or 881.
State v. Valencia, Cesar Rodriguez (S061909). Peremptory writ of mandamus
issued. Relator filed a petition for writ of mandamus regarding the “Sell” order
entered by the trial court on December 4, 2013. This court previously held the
petition in abeyance pending a decision in State v. Lopes, SC S061395. This
court now has decided that case, State v. Lopes, 355 Or 72, 322 P3d 512 (2014).
The trial court’s “Sell” order is ambiguous as to whether the court applied
the proper evidentiary standard identified by this court in Lopes—clear and
convincing evidence. See 355 Or at 99-100. Accordingly, the court allows the
petition for writ of mandamus and directs the State Court Administrator to
issue a peremptory writ of mandamus directing the trial court either (1) to
amend the “Sell” order to confirm that the court used the correct evidentiary
standard as identified by Lopes, or (2) to vacate its “Sell” order and rehear
the matter, applying the appropriate evidentiary standard identified in Lopes.