Legal Opinion
Hugh Naughten v. Hoyt C. Cupp, Superintendent, Oregon State Penitentiary
Court of Appeals for the Ninth Circuit
Decided April 23, 1973No. 71-3065PublishedCited by 13 opinions
1Opinion of the Court
ELY, Circuit Judge:
Naughten is an Oregon state prisoner, convicted of the offense of armed robbery. His direct appeal in the Oregon state courts was unsuccessful. State v. Naughten, 90 Adv.Or. 1811, 471 P.2d 830 (App. 1970). Eventually, Naughten filed a petition for habeas corpus in the court below, and he now appeals from the denial of that petition.
In the state court trial, the judge, over Naughten’s objection,1 instructed the jury as follows:
“Every witness is presumed to speak the truth. This presumption may be overcome by the manner in which the witness testifies, by the nature of his or…
2Cases cited13 opinions
- Chapman v. CaliforniaSupreme Court of the United States · 1967
- Anderson v. NelsonSupreme Court of the United States · 1968
- Raymond E. McMillen Jr. v. United States of America, Douglas Gruchy v. United StatesCourt of Appeals for the First Circuit · 1967
- United States v. Anthony J. Dichiarinte and Spartico MastroCourt of Appeals for the Seventh Circuit · 1967
- United States v. Jess Ross Safley, United States of America v. Augustus ButlerCourt of Appeals for the Fourth Circuit · 1969
8 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Cupp v. NaughtenSupreme Court of the United States · 1973
- William J. Nelson v. Charles Scully, WardenCourt of Appeals for the Second Circuit · 1982
- Kenneth Robert Scarborough v. State of ArizonaCourt of Appeals for the Ninth Circuit · 1976
- Roger Allen Marsh v. Hoyt C. Cupp, Superintendent, Oregon State PenitentiaryCourt of Appeals for the Ninth Circuit · 1976
- Rice v. WolffDistrict Court, D. Nebraska · 1974
8 more not listed; retrieve them via the Exa API.