BATCHELOR v. CUPP

No. 81-3037.

693 F.2d 859 (1982)

Ozzie BATCHELOR, Appellant, v. Hoyt C. CUPP, Superintendent, Oregon State Penitentiary, James Redden, Solicitor General, Walter L. Barr, Appellees.

United States Court of Appeals, Ninth Circuit.

Decided November 29, 1982.


Attorney(s) appearing for the Case

Hollis McMilan, Fed. Public Defender, Portland, Or., for appellant.

Virginia L. Linden, Salem, Or., for appellees.

Before GOODWIN and POOLE, Circuit Judges, and WILKINS, District Judge.


GOODWIN, Circuit Judge:

Ozzie Batchelor, an Oregon state prisoner, appeals the denial of his petition for a writ of habeas corpus. The appeal presents a question raised by a large number of habeas appeals from Oregon — whether a petitioner's failure to seek review in the Oregon Supreme Court bars federal review of the merits of the prisoner's federal constitutional claims.

It appears that the prisoner's default results from an informal arrangement by...

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