GILBERT v. CUPP

No. 116896; CA A20230.

637 P.2d 165 (1981)

55 Or.App. 9

Glenn Arthur GILBERT, Appellant, v. Hoyt C. CUPP, Superintendent, Oregon State Penitentiary, Respondent.

Court of Appeals of Oregon.

Decided December 7, 1981.

Reconsideration Denied January 14, 1982.


Attorney(s) appearing for the Case

Michael E. Swaim, Salem, argued the cause and filed the brief, for appellant.

William F. Nessly, Jr., Salem, argued the cause, for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and William F. Gary, Sol. Gen., Salem.

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


THORNTON, Judge.

This is an appeal by petitioner from a denial of post-conviction relief. The petition alleges violations of state and federal constitutional rights occurring during his criminal trial and seeks to set aside his conviction and have the case remanded for retrial. ORS 138.520.

Petitioner was convicted of murder by a unanimous verdict of an 11-person jury. During trial one member of the original 12-person jury fainted and was excused. Petitioner...

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