GAIRSON v. CUPP

No. 22797.

415 F.2d 352 (1969)

William O. GAIRSON, Appellant, v. Hoyt C. CUPP, Warden, Oregon State Penitentiary, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied September 30, 1969.


Attorney(s) appearing for the Case

Donald W. Andrews (argued), Salem, Or., for appellant.

David H. Blunt (argued), Asst. Atty. Gen., Lee Johnson, Atty. Gen., Thomas H. Denney, Asst. Atty. Gen., Salem, Or., for appellee.

Before HAMLEY, HAMLIN, and HUFSTEDLER, Circuit Judges.


HUFSTEDLER, Circuit Judge:

Appellant is now serving a life sentence in the Oregon State Penitentiary. He was convicted for second degree murder on July 18, 1960, following a jury trial in a state court in Oregon. Appellant did not appeal his conviction, but he did seek postconviction relief which he pursued to an unsuccessful conclusion in the Oregon courts. (Gairson v. Gladden (1967) 247 Or. 88, 425 P.2d 761

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