TIMMS v. CUPP

No. 99295; CA 9961.

590 P.2d 264 (1979)

38 Or.App. 339

Daniel Lee TIMMS, Respondent, v. Hoyt C. CUPP, Superintendent, Oregon State Penitentiary, Appellant.

Court of Appeals of Oregon, In Banc.

Decided February 6, 1979.

Resubmitted on Record and Briefs July 12, 1978.


Attorney(s) appearing for the Case

W. Benny Won, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were James A. Redden, Atty. Gen., and Al J. Laue, Sol. Gen., Salem.

Robert C. Cannon, Salem, argued the cause for respondent. With him on the brief was Schlegel, Milbank, Wheeler, Jarman & Hilgemann, Salem.


Resubmitted In Banc on Record and Briefs July 12, 1978.

TANZER, Judge.

This is an appeal by the state from an order granting post-conviction relief on the ground of denial of effective representation of counsel because petitioner's trial attorney failed to assert the doctrine of collateral estoppel as a ground for suppression of evidence.

In 1973, two policemen stopped and searched petitioner's automobile. Petitioner was driving and one Gerald Woods...

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