GRUBBS v. CUPP

No. 81-3307.

693 F.2d 866 (1982)

Robert GRUBBS, Appellant, v. Hoyt C. CUPP, Appellee.

United States Court of Appeals, Ninth Circuit.

Decided November 29, 1982.


Attorney(s) appearing for the Case

James S. Coon, Portland, Or., for appellant.

Virginia L. Linden, Salem, Or., argued, for appellee; R. Wayne Torneby, Asst. Atty. Gen., Salem, Or., on brief.

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


PER CURIAM.

The appeal in this denial of habeas corpus relief raises the question whether the petitioner failed to exhaust state remedies. 28 U.S.C. § 2254.

Oregon has a comprehensive post-conviction relief statute which affords state prisoners relief similar to that which can be sought in federal court when constitutional defects in state court convictions are alleged. Or.Rev.Stat. 138.510 et seq.

The prisoner did not press his collateral...

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