WEST v. CUPP

No. 115299; CA 19527.

636 P.2d 424 (1981)

54 Or.App. 759

Joe Carellus WEST, Respondent, v. Hoyt C. CUPP, Superintendent, Oregon State Penitentiary, Appellant.

Court of Appeals of Oregon.

Decided November 16, 1981.

Reconsideration Denied December 23, 1981.


Attorney(s) appearing for the Case

Jan Peter Londahl, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were Dave Frohnmayer, Atty. Gen., John R. McCulloch, Jr., Sol. Gen., and William F. Gary, Deputy Sol. Gen., Salem.

Ken L. Betterton, Salem, argued the cause for respondent. With him on the brief was Enfield & McConville, Salem.

Before BUTTLER, P.J., and WARDEN and WARREN, JJ.


WARREN, Judge.

The state appeals in this post-conviction relief case in which petitioner's conviction was vacated and a new trial ordered based on the trial court's determination that he had been denied his constitutional right to effective assistance of counsel.

Petitioner was brought to trial in Multnomah County for robbery in the first degree. During voir dire, after petitioner's peremptory challenges had been exhausted, a prospective juror was called who...

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