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SMITH v. CUPP

No. 113291; CA A20006.

640 P.2d 682 (1982)

55 Or.App. 970

William Green SMITH, III, Appellant, v. Hoyt C. CUPP, Superintendent, Oregon State Penitentiary, Respondent.

Court of Appeals of Oregon.

Decided February 8, 1982.

Reconsideration Denied April 1, 1982.

Attorney(s) appearing for the Case

Jossi Davidson, Silverton, argued the cause and filed the brief for appellant.

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

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

WARDEN, Judge.

Petitioner appeals from a denial of relief in a post-conviction proceeding. In 1975, petitioner pled guilty to a charge of murder committed by recklessly causing the death of his four-year-old son under circumstances manifesting extreme indifference to the value of human life.1 In 1980, petitioner filed an amended petition for post-conviction relief, amended further at time of trial to include the allegation that

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