LUGO v. GLADDEN

No. 21601.

382 F.2d 957 (1967)

Leonard Marvin LUGO, Appellant, v. Clarence T. GLADDEN, Warden, Oregon State Penitentiary, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied September 27, 1967.


Attorney(s) appearing for the Case

Glenn Ramirez, Ramirez & Hoots, Klamath Falls, Or., for appellant.

Robert Y. Thornton, Atty. Gen., David H. Blunt, Asst. Atty. Gen., Salem, Or., for appellee.

Before MADDEN, Judge, United States Court of Claims, and BARNES and MERRILL, Circuit Judges.


BARNES, Circuit Judge:

This is an appeal by a state prisoner from a district court dismissal of a petition for a writ of habeas corpus.

In the Oregon trial court appellant urged as two defenses: self defense and intoxication; and that his confession should not be considered due to a lack of advice that he could have remained silent, and that he could have counsel. The defenses failed and he appealed. His appeal was dismissed on his own motion for lack of prosecution...

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