PONCE v. CUPP

Nos. 83-3855, 83-3911.

735 F.2d 333 (1984)

Michael Lee PONCE, Petitioner-Appellant, v. Hoyt C. CUPP, Superintendent, Oregon State Penitentiary, Respondent-Appellee. Larry Wayne KEY, Plaintiff-Appellant, v. Hoyt C. CUPP, et al., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided May 14, 1984.


Attorney(s) appearing for the Case

Kenneth Lerner, Lawrence Matasar, Hoffman, Slader & Matasar, Portland, Or., for Ponce and Key.

David L. Hattrick, Deputy Atty. Gen., Portland, Or., for Cupp.

Before WALLACE and CANBY, Circuit Judges, and CRAIG, District Judge.


WALLACE, Circuit Judge:

Ponce and Key appeal from the district court's denial of writs of habeas corpus. We have jurisdiction under 28 U.S.C. §§ 1291, 2253, and affirm the district court.

I

Early one summer evening, while still light, a black four-door car stopped near Jantzen Beach, Oregon to pick up a hitchhiker. The hitchhiker, a sixteen year old high school student named Farnsworth, got in the back seat behind the driver. A German Shepherd...

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