HERRON v. CUPP


462 P.2d 444 (1969)

Rex Howard HERRON, Appellant, v. Hoyt C. CUPP, Warden, Oregon State Penitentiary, Respondent.

Court of Appeals of Oregon, In Banc.

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 the respondent. On the brief were Robert Y. Thornton, Atty. Gen., and Deane S. Bennett, Asst. Atty. Gen., Salem.


LANGTRY, Judge.

This is an appeal from an order of dismissal after a demurrer was sustained to a post-conviction petition. The appeal presents this question: When the petitioner alleges facts seeking to show an action or a failure to act by his attorney which results in a lack of understanding by the accused of the possible consequences of his guilty plea, will a demurrer lie to the petition? The answer involves the effect to be given to the presumption that the attorney...

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