MOORE v. CUPP

No. 78-3581.

612 F.2d 466 (1980)

James Lee MOORE, Petitioner-Appellant, v. Hoyt CUPP, Superintendent, Oregon State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

January 28, 1980.


Attorney(s) appearing for the Case

Thomas H. Borresen, Boise, Idaho, for petitioner-appellant.

Thomas H. Denney, Asst. Atty. Gen., Eugene, Or., argued, for respondent-appellee; James A. Redden, Atty. Gen., Eugene, Or., on brief.

Before KILKENNY and WALLACE, Circuit Judges, and JAMESON, District Judge.


PER CURIAM.

Moore appeals from the denial of his habeas corpus petition. He urges that his conviction for robbery in the state court was invalid because state authorities destroyed or lost a tape recording of his preliminary hearing.

Moore and a codefendant were charged in state court with second degree robbery. The charges were dismissed after a preliminary hearing. Although the proceedings were not transcribed,...

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