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KESSLER v. CUPP

502 P.2d 281 (1972)

Stephen M. KESSLER, Appellant, v. Hoyt C. CUPP, Superintendent, Oregon State Penitentiary, Respondent.

Court of Appeals of Oregon.

Decided October 27, 1972.

Rehearing Denied November 22, 1972.

Review Denied January 18, 1973.

Attorney(s) appearing for the Case

Robert C. Cannon, Law Clerk, Salem, argued the cause for appellant. With him on the brief were Gary D. Babcock, Public Defender, and J. Marvin Kuhn, Deputy Public Defender, Salem.

John H. Clough, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and John W. Osburn, Sol. Gen., Salem.

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

FOLEY, Judge.

This is an appeal from an order dismissing a post-conviction petition in which petitioner sought to set aside his armed robbery conviction. Petitioner contends that the in-court identification procedure violated due process standards. He also urges that the court should have allowed his motion to reopen the post-conviction proceedings to reconsider the holding of the Supreme Court of Oregon in State v. Kessler...

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