Ferren v. Cupp

5 Citing cases

  1. Stelts v. State of Oregon

    299 Or. 252 (Or. 1985)   Cited 28 times
    Declining to address the state constitutional argument before addressing federal constitutional argument because no developed argument under the state constitution was presented

    He continued to rely on Boag in the Court of Appeals. Although he did not cite that case or any constitutional text in his petition for review to this court, he did cite Ferren v. Cupp, 7 Or. App. 353, 490 P.2d 208 (1971), a decision relied on by the Court of Appeals in Boag. Ferren was concerned with a claim of denial of rights under the Due Process Clause.

  2. Merrill v. State

    206 N.W.2d 828 (S.D. 1973)   Cited 25 times
    In Merrill v. State, 87 S.D. 285, 206 N.W.2d 828 (1973), we held that although it is preferable that a sentencing court make a complete record by advising a defendant of his specific rights, the failure of a court to expressly enumerate these rights will not vitiate the plea where the post-conviction proceedings clearly show that the petitioner was aware of and understood his rights at the time he entered his guilty plea.

    " 434 Pa. 532, 254 A.2d 923, 927. See also Morgan v. State, Me., 287 A.2d 592; State ex rel. LeBlanc v. Henderson, 261 La. 315, 259 So.2d 557; Ferren v. Cupp, Or. App., 490 P.2d 208; Walker v. Caldwell, D.C., Ga., 335 F. Supp. 308; Meller v. Missouri, 8 Cir., 431 F.2d 120. We recognize, of course, that some courts have held that the record must affirmatively show that the three Boykin rights were specifically and expressly enumerated for the benefit of and were waived by the accused prior to acceptance of his guilty plea. See, e.g.

  3. Boag v. State

    605 P.2d 304 (Or. Ct. App. 1980)   Cited 11 times

    Thus, where the validity of a guilty plea is attacked in a post-conviction proceeding, it must be shown that the defendant knowingly waived his rights to trial by jury and confrontation of witnesses, and his privilege against self-incrimination. Boykin v. Alabama, 395 U.S. 238, 89 S Ct 1709, 23 L Ed 2d 274 (1969). See Raisley v. Sullivan, 8 Or. App. 332, 335, 493 P.2d 745 rev den (1972); Ferren v. Cupp, 7 Or. App. 353, 490 P.2d 208 (1971) rev den (1972).Cf. ORS 135.385.

  4. Brooks v. Cupp

    498 P.2d 388 (Or. Ct. App. 1972)

    PER CURIAM. AFFIRMED. Ferren v. Cupp, 7 Or. App. 353, 490 P.2d 208, Sup Ct review denied (1971).

  5. Raisley v. Sullivan

    493 P.2d 745 (Or. Ct. App. 1972)   Cited 8 times

    The record can include transcripts of both the post-conviction proceeding and the original entry of plea proceedings. Ferren v. Cupp, 7 Or. App. 353, 490 P.2d 208 (1971) Sup Ct review denied (1972). But see, Schram v. Cupp, 436 F.2d 692 (9th Cir 1970).