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(Un)Reasonable Release Conditions: No Contact with Witnesses

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by: Ryan • March 10, 2012 • no comments

From a recent Oregon Supreme Court press release:

State of Oregon v. Tyler Anthony Blok (S059925)(original mandamus proceeding; order from Washington County Circuit Court).

Relator Tyler Anthony Blok has been indicted on charges of various sexual offenses that he is alleged to have committed as a minor against his younger cousin. He challenges, via a petition for writ of mandamus, a trial court's imposition of a requirement, as a condition of his security release, that he have no contact with his father. That condition allegedly was imposed because relator's father is a potential witness at relator's trial. The Oregon Supreme Court allowed the petition and issued an alternative writ of mandamus.

The issue in this mandamus proceeding is whether ORS 135.240 and ORS 135.245, which specify releasable offenses and the process used to make a release decision, and particularly ORS 135.240(5)(b), which authorizes a court to "impose any supervisory conditions deemed necessary for the protection of the victim and the community," authorize the challenged condition.