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NAUGHTEN v. CUPP

No. 71-3065.

476 F.2d 845 (1973)

Hugh NAUGHTEN, Petitioner-Appellant, v. Hoyt C. CUPP, Superintendent, Oregon State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

As Amended on Denial of Rehearing January 18, 1973.

Dissenting Opinion February 26, 1973.

Certiorari Granted April 23, 1973.

Attorney(s) appearing for the Case

Ross R. Runkel (argued), Salem, Or., for petitioner-appellant.

John W. Osburn, Sol. Gen. (argued), Jim G. Russell, Asst. Atty. Gen., Lee Johnson, Atty. Gen., Salem, Or., for respondent-appellee.

Before JERTBERG, ELY, and HUFSTEDLER, Circuit Judges.

Certiorari Granted April 23, 1973. See 93 S.Ct. 1926.

ELY, Circuit Judge:

Naughten is an Oregon state prisoner, convicted of the offense of armed robbery. His direct appeal in the Oregon state courts was unsuccessful. State v. Naughten, 90 Adv.Or. 1811, 471 P.2d 830 (App. 1970). Eventually, Naughten filed a petition for habeas corpus in the court below, and he now appeals from the denial of that petition.

In the state...

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