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ROOK v. CUPP

526 P.2d 605 (1974)

Darrell Dean ROOK, Appellant, v. Hoyt C. CUPP, Superintendent, Oregon State Penitentiary, Respondent.

Court of Appeals of Oregon.

Decided September 23, 1974.

Rehearing Denied October 22, 1974.

Review Denied November 19, 1974.

Attorney(s) appearing for the Case

James D. Vick, Salem, argued the cause and filed the brief for appellant.

Timothy Wood, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

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

LANGTRY, Judge.

Petitioner for post-conviction relief (ORS 138.500 through 138.680) in this case seeks to have established a "determinable" standard of competence for indigents' court-appointed counsel in criminal proceedings. Concomitant with this is the propostition that the frequently repeated test that such counsel must not be so inadequate as to render the proceeding a farce or mockery of justice is inadequate as a standard.1

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