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SHERWOOD v. TOMKINS

No. 82-3402.

716 F.2d 632 (1983)

Frank John SHERWOOD, III, Petitioner-Appellant, v. Honorable Wendell H. TOMKINS, Circuit Court Judge, Linn County, Oregon, Hoyt C. Cupp, Superintendent, Oregon State Penitentiary, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided September 20, 1983.

Attorney(s) appearing for the Case

Kenneth Lerner, Federal Public Defender, Portland, Or., for petitioner-appellant.

Virginia Linder, Deputy Atty. Gen., Salem, Or., for respondents-appellees.

Before SNEED, FARRIS, and CANBY, Circuit Judges.

SNEED, Circuit Judge:

Petitioner Frank Sherwood was convicted of second degree manslaughter in the Circuit Court of Linn County, Oregon. After receiving a five year sentence, Sherwood moved twice in the Circuit Court to have appellate counsel appointed and trial transcripts made available to him at public expense for his appeal. See Or.Rev.Stat. § 138.500. The Circuit Court denied both motions, finding after a review of supporting affidavits that Sherwood...

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