WELCH v. GLADDEN


453 P.2d 907 (1969)

William John WELCH, Respondent, v. Clarence T. GLADDEN, Warden, Oregon State Penitentiary, Appellant.

Supreme Court of Oregon, In Banc.

Decided April 30, 1969.


Attorney(s) appearing for the Case

Helen B. Kalil, Asst. Atty. Gen., Salem, argued the cause for appellant. With her on the brief was Robert Y. Thornton, Atty. Gen., Salem.

Ken C. Hadley, Deputy Public Defender, Salem, argued the cause for respondent. With him on the brief was Gary Babcock, Public Defender.

Before PERRY, C.J., and McALLISTER, SLOAN, O'CONNELL, GOODWIN, DENECKE and HOLMAN, JJ.


McALLISTER, Justice.

This is a post conviction proceeding in which petitioner's appointed counsel, by neglecting to timely file a notice of appeal, deprived petitioner of his right to appeal. The state appeals from the judgment of the trial court granting petitioner a delayed appeal.

The petitioner, William J. Welch, was convicted in Multnomah County of assault and robbery while being armed with a dangerous weapon, ORS 163.280, and on April 5, 1965, was sentenced...

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