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GUINN v. CUPP

TC 134,946; CA A34802 (Control), TC 121,177, 121,176; CA A36416, CA A36417 and SC S33917.

747 P.2d 984 (1987)

304 Or. 488

Robert Larry GUINN, Respondent On Review, v. Hoyt C. CUPP, Superintendent, Oregon State Penitentiary, Petitioner On Review. State of Oregon, Petitioner On Review, v. Robert Larry Guinn, Respondent On Review.

Supreme Court of Oregon, In Banc.

Decided December 22, 1987.

Attorney(s) appearing for the Case

Thomas H. Denney, Asst. Atty. Gen., Salem, for petitioner on review. With him on petition were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Steven H. Gorham, Salem, for respondent on review.

PETERSON, Chief Justice.

Post-conviction. The cases before us stem from the trial of two criminal cases in 1981. The appeal is from a post-conviction trial in 1985. Though unusual, the facts are not complicated. (Throughout this opinion we shall refer to the post-conviction petitioner as the defendant.)

Case number 121,176. In 1980, the defendant was indicted for assault in the second degree. He was tried in January 1981, found guilty and sentenced...

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