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McCOY v. CUPP

Civ. No. 68-367.

298 F.Supp. 329 (1969)

Jack Dwight McCOY, Petitioner, v. Hoyt C. CUPP, Warden of Oregon State Penitentiary, Respondent.

United States District Court D. Oregon.

March 4, 1969.

Attorney(s) appearing for the Case

John F. Weisser, Jr., Portland, Or., for petitioner.

Robert Y. Thornton, Atty. Gen. of Or., David H. Blunt, Asst. Atty. Gen., Salem, Or., for respondent.

OPINION

SOLOMON, Chief Judge.

A State court jury convicted Jack Dwight McCoy (Petitioner) of rape, and the State Supreme Court affirmed. State v. McCoy, 86 Or.Adv.Sh. 217, 437 P.2d 734 (1968). This Court has jurisdiction to determine Petitioner's claim that he is in State custody in violation of the Constitution of the United States. 28 U.S.C. § 2241 et seq. The single issue...

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