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URBAN v. CUPP

576 P.2d 841 (1978)

33 Or.App. 853

Michael Eugene URBAN, Appellant, v. Hoyt C. CUPP, Superintendent, Oregon State Penitentiary, Respondent.

Court of Appeals of Oregon.

Decided April 3, 1978.

Attorney(s) appearing for the Case

Stephanie A. Smythe, Deputy Public Defender, Salem, argued the cause for appellant. With her on the brief was Gary D. Babcock, Public Defender, Salem.

William F. Nessly, Jr., Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were James A. Redden, Atty. Gen., and Al J. Laue, Sol. Gen., Salem.

Before SCHWAB, C.J., and JOHNSON and ROBERTS, JJ.

ROBERTS, Judge.

Petitioner seeks post-conviction relief from his conviction of first-degree kidnapping and robbery claiming that the prosecution's suppression of evidence favorable to him violated his constitutional right to due process of law. The circuit court dismissed the petition on the grounds that the:

"* * * evidence was not material to the outcome of petitioner's trial. "* * * [Petitioner] failed to prove by a preponderance of the evidence...

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