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CAPITAN v. CUPP

Civ. No. 72-738.

356 F.Supp. 302 (1972)

Vincent Louis CAPITAN, Petitioner, v. Hoyt C. CUPP, Superintendent, Oregon State Penitentiary, Respondent.

United States District Court, D. Oregon.

December 6, 1972.

Attorney(s) appearing for the Case

Fredric R. Merrill, University or Oregon School of Law, Eugene, Or., for petitioner.

Lee Johnson, Atty. Gen., John H. Clough, Asst. Atty. Gen., Salem, Or., for respondent.

OPINION

SOLOMON, Judge:

In May, 1968, Vincent Capitan was convicted of larceny and was sentenced to five years imprisonment. This sentence was later enhanced to a maximum term of 20 years under the Oregon Habitual Criminal Act, ORS 168.015 et seq. (repealed 1971). On December 1, 1968, Capitan was convicted and sentenced to life imprisonment for the murder of a prosecution witness prior to the larceny trial.

Capitan remained in Oregon State Penitentiary...

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