BIAS v. CUPP


462 P.2d 684 (1969)

Dewey Bernard BIAS, Appellant, v. Hoyt C. CUPP, Warden, Oregon State Penitentiary, Respondent.

Court of Appeals of Oregon, In Banc.

Decided December 24, 1969.

Rehearing Denied January 29, 1970.


Attorney(s) appearing for the Case

J. Marvin Kuhn, Deputy Public Defender, Salem, filed the brief for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Jim G. Russell, Asst. Atty. Gen., Salem, filed the brief for respondent. With him on the brief were Lee Johnson, Atty. Gen., and Jacob B. Tanzer, Sol. Gen., Salem.


Rehearing Denied January 29, 1970. See 464 P.2d 721.

SCHWAB, Chief Judge.

Petitioner appeals from an order sustaining a demurrer to his amended petition for post-conviction relief. The petition alleges nine causes of action. No reason is stated or apparent as to why the first eight of them were not raised in the unsuccessful direct appeal which defendant previously took to the Oregon Supreme Court. State v. Bias,

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