EARP v. CUPP

No. 25398.

453 F.2d 378 (1972)

Leroy Wayne EARP, Appellant, v. Hoyt C. CUPP, Warden, Oregon State Penitentiary, Appellee.

United States Court of Appeals, Ninth Circuit.

January 10, 1972.


Attorney(s) appearing for the Case

John Wiley Gould (argued), of McColloch, Dezendorf, Spears & Lubersky, Portland, Or., for appellant.

Jacob Tanzer, Sol. Gen. (argued), Lee Johnson, Atty. Gen. of Or., David H. Blunt, Asst. Atty. Gen., Salem, Or., for appellee.

Before KOELSCH and DUNIWAY, Circuit Judges, and CURTIS, District Judge.


KOELSCH, Circuit Judge:

Habeas corpus. In his application, Earp alleged that (1) several admissions used against him at his state trial were involuntarily made; (2) that they were secured in violation of his right to counsel and (3) that he was denied due process by an Oregon statute which casts upon an accused the burden of proving insanity. The district judge, at the conclusion of an evidentiary hearing, found against petitioner and denied the writ. We affirm.<...

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