State v. Wright, 375 Or 383

Relator Douglas C. Wright, a criminal defendant, sought copies of discovery materials from the state without cost, and the circuit court denied his motion. 1
After this mandamus case began, the state provided the discovery without cost, the circuit court vacated its denial order, and the state moved to dismiss as moot. 2
Relator agreed the case was moot but urged adjudication under ORS 14.175 because the issue was capable of repetition yet likely to evade review. 3
Both parties initially argued under the current version of ORS 135.805(2), which defines disclose as providing a copy of the material. 4
SB 751's applicability provision states its amendments apply to offenses alleged to have occurred on or after the Act's effective date, January 1, 2022. 5
Relator's indictment alleged crimes committed before January 1, 2022, so the case turned on whether the amendment applies by charging date or alleged commission date. 6

Issue	Plaintiff's Argument	Defendant's Argument	Held
Is the mandamus petition justiciable despite mootness? 7	State said moot and should be dismissed.	Wright said it is capable of repetition yet evading review.	Yes, but the court declined discretionary adjudication. 8
Does SB 751's amended definition of disclose apply? 9	State said it applies only to offenses alleged to occur on or after Jan. 1, 2022.	Wright said it applies to cases charged after Jan. 1, 2022.	No; it applies only to alleged crime dates on or after Jan. 1, 2022. 10
May the court decide whether the state can charge for discovery copies? 11	State asked the court to dismiss without reaching the fee question.	Wright sought a ruling barring fees and withholding pending payment.	No; the court dismissed without deciding the fee issue. 12

State ex rel Anderson v. Miller, 320 Or 316 (Or. 1994) (mandamus may be appropriate for denial of discovery with systemic benefits 13)
Penn v. Board of Parole, 365 Or 607 (Or. 2019) (a challenge may evade review even if some similar cases did not go moot 14)
Couey v. Atkins, 357 Or 460 (Or. 2015) (ORS 14.175 leaves moot-case adjudication to judicial discretion 15)
State v. Gaines, 346 Or 160 (Or. 2009) (statutory interpretation considers text, context, and legislative history 16)
PGE v. Bureau of Labor and Industries, 317 Or 606 (Or. 1993) (text is the best evidence of legislative intent 17)
State v. Clemente-Perez, 357 Or 745 (Or. 2015) (statutes should not be construed to render text surplusage 18)