BRADY v. CALLOWAY


501 P.2d 72 (1972)

Mary Luella BRADY, Respondent, v. G.V. CALLOWAY, Superintendent, Oregon State Women's Correctional Center, Appellant.

Court of Appeals of Oregon, Department 1.

Decided September 18, 1972.


Attorney(s) appearing for the Case

John W. Osburn, Sol. Gen., Salem, argued the cause for appellant. With him on the briefs were Lee Johnson, Atty. Gen., and Robert L. Misner, Asst. Atty. Gen., Salem.

Thomas H. Tongue, Portland, argued the cause for respondent. With him on the brief were Morrison, Bailey, Dunn, Cohen & Miller, Portland, and David H. Blunt, Salem.

Before SCHWAB, C.J., and FORT and THORNTON, JJ.


FORT, Judge.

This post-conviction proceeding challenges the validity of petitioner's plea of guilty to the crime of possession of dangerous drugs and resulting judgment of seven years' imprisonment. She had no prior record. No appeal was taken therefrom. The post-conviction court, after a hearing, concluded she was denied due process of law under the Fourteenth Amendment because the trial judge on his own motion did not hold a hearing regarding her capacity to enter...

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