Earl Leslie Roberts v. H. C. Cupp

This is an appeal from an order dismissing a petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2241 et seq., by a prisoner in state custody.

A state court jury convicted petitioner of armed assault and robbery, and his conviction was affirmed by the Oregon Supreme Court in two opinions. State v. Roberts, 245 Or. 97, 420 P.2d 391, and State v. Roberts, 249 Or. 139, 437 P.2d 731.

The district court, in accordance with the procedure set forth in Selz v. California, 423 F.2d 702 (9th Cir. 1970), had before it the reporter’s transcript of the state trial. It concluded that the State…