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JORGENSEN v. CUPP

570 P.2d 86 (1977)

31 Or.App. 157

Edward Ralph JORGENSEN, Appellant, v. Hoyt C. CUPP, Superintendent, Oregon State Penitentiary, Respondent. Robert Gordon Brom, Appellant, v. Hoyt C. Cupp, Superintendent, Oregon State Penitentiary, Respondent.

Court of Appeals of Oregon.

Decided October 17, 1977.

Attorney(s) appearing for the Case

Gary D. Babcock, Public Defender, Salem, argued the cause for appellants. With him on the brief was Stanley E. Erickson, Tualatin.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were James A. Redden, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

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

LEE, Judge.

Petitioners appeal from the court's denial of post-conviction relief, and assert that at their trials they were denied their rights under the Sixth Amendment to the United States Constitution as construed in Chambers v. Mississippi, 410 U.S. 284, 93 S.Ct. 1038, 35 L.Ed.2d 297 (1973).

In 1969 and 1970, petitioners, in separate trials, were each convicted of the murders of Beverly Allan and Larry Peyton. Prior...

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