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SMITH v. CUPP

No. 71-1952.

457 F.2d 1098 (1972)

Dwight Loren SMITH, 32156, Petitioner-Appellant, v. Hoyt C. CUPP, Superintendent, Oregon State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied April 6, 1972.

Attorney(s) appearing for the Case

Howard R. Lonergan (argued), Portland, Or., for petitioner-appellant.

Jim G. Russell, Asst. Atty. Gen. (argued), Salem, Or., for respondent-appellee.

Before CHAMBERS, HAMLEY and MERRILL, Circuit Judges.

HAMLEY, Circuit Judge:

In 1967, Dwight Loren Smith was convicted in the state of Oregon of second-degree murder and sentenced to a term in the Oregon State Penitentiary not to exceed twenty-five years. The conviction was affirmed by the Court of Appeals of the State of Oregon on September 12, 1969.1 Smith's petition to that court for rehearing was denied on November 5, 1969. A subsequent petition for review in the Oregon Supreme Court...

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