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SHIPMAN v. GLADDEN

453 P.2d 921 (1969)

Andrew E. SHIPMAN, 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.

Howard R. Lonergan, Portland, argued the cause and filed a brief for respondent.

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

McALLISTER, Justice.

This is a post conviction proceeding in which the state appeals from an order of the trial court granting petitioner a delayed appeal. The questions raised are (1) whether the failure of petitioner's retained counsel to timely file a notice of appeal deprived petitioner of his right to due process of law guaranteed by the Fourteenth Amendment to the United States Constitution, and (2) whether the Post...

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