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STATE EX REL. ACOCELLA v. ALLEN

No. 26277, No. 26296; SC 26277.

604 P.2d 391 (1979)

288 Or. 175

STATE ex rel. Charles Anthony ACOCELLA, William Stogsdill, Rocky Joe Nix, Susan Marie Eichler, Richard Wesley Elliott, Donald Bruce Good Year, and Randy Lynn Frazier, Plaintiffs-Relators, v. Edwin E. ALLEN, Presiding Judge of the Circuit Court of the State of Oregon for the County of Lane, and Samuel Bowe, Circuit Judge of the State of Oregon for the County of Josephine, Defendants. State ex rel. John Lee Case, Brian James Powell, Harold "Jake" Holland, Plaintiffs-Relators, v. Edwin E. Allen, Presiding Judge of the Circuit Court of the State of Oregon for the County of Lane, Defendant.

Supreme Court of Oregon, In Banc.

Decided December 18, 1979.

Attorney(s) appearing for the Case

Gary D. Babcock, Public Defender, Salem, argued the cause and filed the brief for plaintiffs-relators.

Margie Hendriksen, County Counsel, Eugene, argued the cause and filed the brief for defendant Edwin E. Allen.

John B. Leahy, County Counsel, Portland, filed the brief amicus curiae on behalf of Multnomah County.

DENECKE, Chief Justice.

Relators are nine criminal defendants who were convicted in Lane County circuit court of committing various unrelated felonies. Each was represented in the circuit court by appointed counsel, and in each case the State Public Defender filed a timely notice of appeal, a motion for appointment of appellate counsel, and for a transcript at county expense, supported by an affidavit attesting to the indigency of the appellant. The motions requesting...

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