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HOWE v. CUPP

No. 113752; CA A20299.

637 P.2d 933 (1981)

55 Or.App. 247

Daniel Wayne HOWE, Respondent, v. Hoyt C. CUPP, Superintendent, Oregon State Penitentiary, Appellant.

Court of Appeals of Oregon.

Decided December 21, 1981.

Attorney(s) appearing for the Case

Richard David Wasserman, Asst. Atty. Gen., Salem, argued cause for appellant. With him on brief were Dave Frohnmayer, Atty. Gen., and William F. Gary, Sol. Gen., Salem.

Jossi Davidson, Silverton, argued cause and filed brief for respondent.

Before RICHARDSON, P.J., and THORNTON and VAN HOOMISSEN, JJ.

VAN HOOMISSEN, Judge.

Defendant was convicted of robbery in the second degree, and on appeal his conviction was affirmed. State v. Howe, 32 Or.App. 178, 573 P.2d 780 (1978).1 He petitioned for postconviction relief, alleging multiple claims of ineffective assistance of counsel and prosecutorial misconduct. The postconviction court concluded that, while no single claim of defendant warranted a new trial,2

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