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CUPP v. MURPHY

No. 72-212.

412 U.S. 291 (1973)

93 S.Ct. 2000

36 L.Ed.2d 900

CUPP, PENITENTIARY SUPERINTENDENT v. MURPHY.

Supreme Court of United States.

Decided May 29, 1973.

Attorney(s) appearing for the Case

Thomas H. Denney, Assistant Attorney General of Oregon, argued the cause for petitioner. With him on the brief were Lee Johnson, Attorney General, and John W. Osborn, Solicitor General.

Howard R. Lonergan argued the cause and filed a brief for respondent.*

Melvin L. Wulf, Burt Neuborne, and Joel M. Gora filed a brief for the American Civil Liberties Union as amicus curiae urging affirmance.

MR. JUSTICE STEWART delivered the opinion of the Court.

The respondent, Daniel Murphy, was convicted by a jury in an Oregon court of the second-degree murder of his wife. The victim died by strangulation in her home in the city of Portland, and abrasions and lacerations were found on her throat. There was no sign of a break-in or robbery. Word of the murder was sent to the respondent, who was not then living with his wife...

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