CURTIS v. CUPP


511 P.2d 1275 (1973)

Willie B. CURTIS, Appellant, v. Hoyt C. CUPP, Superintendent, Oregon State Penitentiary, Respondent. Leonard James Irving, Appellant, v. G.E. Sullivan, Superintendent, Oregon State Correctional Institution, Respondent.

Court of Appeals of Oregon.

Decided July 16, 1973.


Attorney(s) appearing for the Case

Gary D. Babcock, Public Defender, Salem, argued the cause and filed the brief for appellants.

William R. Canessa, Asst. Atty. Gen., Salem, argued the cause for respondents. With him on the brief were Lee Johnson, Atty. Gen., and John W. Osburn, Sol. Gen., Salem.

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


LANGTRY, Judge.

These cases present two questions: (1) Whether inadvertent failure of court-appointed counsel to file a timely appeal from the dismissal of a petition for post-conviction relief is a denial of the "due process" and "equal protection" guarantees of the Fourteenth Amendment to the U.S. Constitution, entitling petitioners to relief; and (2) whether a second Post-Conviction Relief Act proceeding is the proper means to seek such relief.

Petitioner...

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