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State v. Sullivan5/26/2000
t of Criminal Appeals to vacate its writ of mandamus.
PETITION GRANTED; WRIT ISSUED.
Hooper, C.J., and Houston, See, Lyons, Brown, and England, JJ., concur.
Johnstone, J., concurs specially.
Cook, J., concurs in the result. JOHNSTONE, Justice (concurring specially).
I concur, but with the caveat that our discussion of United States v. Gallagher, 743 F. Supp. 745 (D. Or. 1990), and United States v. Shaw, 829 F.2d 714 (9th Cir. 1986), should not be interpreted as approving the holding of either of those cases. We have simply distinguished those two cases without deciding on the validity of the holdings.
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