LAY v. CUPP


462 P.2d 443 (1969)

James Douglas LAY, Sr., Appellant, v. Hoyt C. CUPP, Warden, Oregon State Penitentiary, Respondent.

Court of Appeals of Oregon.

Decided December 12, 1969.


Attorney(s) appearing for the Case

Gary D. Babcock, Public Defender, Salem, argued the cause and filed the brief for appellant.

Peter S. Herman, Asst. Atty. Gen., Salem, argued the cause for respondent. On the brief were Robert Y. Thornton, Atty. Gen., and David H. Blunt, Asst. Atty. Gen., Salem.

Before SCHWAB, C.J., and LANGTRY, FOLEY, and BRANCHFIELD, JJ.


LANGTRY, Judge.

This appeal presents one question — whether a petition under the Post-Conviction Relief Act (ORS 138.510 through 138.680), which relies upon a claimed lack of petitioner's knowledge of his constitutional rights before plea in a criminal case in which he is represented by counsel, must allege some failure by his counsel of duty to inform him of his rights in order to state a cause for relief.

The petition alleges that petitioner pleaded...

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