KELLOTAT v. CUPP

No. 82-3518.

719 F.2d 1027 (1983)

Philip Charles KELLOTAT, Petitioner-Appellant, v. Hoyt C. CUPP, Superintendent, Oregon State Penitentiary; The Attorney General of the State of Oregon, David Frohnmayer, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided November 3, 1983.


Attorney(s) appearing for the Case

Pamela J. Griffith, Portland, Or., for petitioner-appellant.

Virginia L. Linder, Deputy Atty. Gen., Salem, Or., for respondents-appellees.

Before SNEED, FARRIS and CANBY, Circuit Judges.


CANBY, Circuit Judge:

The district court dismissed Kellotat's habeas corpus petition for failure to exhaust state remedies. We affirm.

FACTS

Kellotat, representing himself, was convicted of robbery in Oregon Circuit Court. He appealed on several grounds to the Oregon Court of Appeals, where an attorney was appointed to represent him. Kellotat became dissatisfied with the attorney, however, because the attorney refused to raise certain issues on appeal...

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