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Hosley v. Cupp

Oregon Court of Appeals
Apr 2, 1979
592 P.2d 1036 (Or. Ct. App. 1979)

Opinion

No. 102836, CA 12507

Argued March 1, 1979

Affirmed April 2, 1979

Appeal from the Circuit Court, Marion County, Richard D. Barber, Judge.

Michael F. Najewicz, Salem, argued the cause for appellant. With him on the brief was Mink Najewicz, Salem.

Scott McAlister, Assistant Attorney General, Salem, argued the cause for respondent. With him on the brief were James A. Redden, Attorney General, and Walter L. Barrie, Solicitor General, Salem.

Before Schwab, Chief Judge, and Buttler and Joseph, Judges.


SCHWAB, C. J.

Affirmed.


In this post-conviction proceeding petitioner appeals from an order sustaining a demurrer to and dismissing his petition for relief after he failed to plead further within the time allowed by the court. The petition, apparently prepared and filed on the petitioner's behalf by the state Public Defender, states in pertinent part:

"VI.

"On or about July 5, 1977, petitioner contacted the Office of the State Public Defender in Salem, Oregon and requested that the State Public Defender file a notice of appeal from his conviction set forth in paragraph V.

"VII.

"The Office of the State Public Defender, having ample time and opportunity to have filed a notice of appeal as requested by petitioner, negligently failed to file the notice timely."

Nowhere does the petition state that the petitioner sought the appointment of counsel on appeal as required by ORS 138.500, or that the Public Defender was in fact appointed, or that any attorney in that office undertook to represent petitioner.

Affirmed.


Summaries of

Hosley v. Cupp

Oregon Court of Appeals
Apr 2, 1979
592 P.2d 1036 (Or. Ct. App. 1979)
Case details for

Hosley v. Cupp

Case Details

Full title:ROBERT HOSLEY, Appellant, v. CUPP, Respondent

Court:Oregon Court of Appeals

Date published: Apr 2, 1979

Citations

592 P.2d 1036 (Or. Ct. App. 1979)
592 P.2d 1036

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