Lay v. Cupp

This appeal presents one question — whether a petition under the Post-Conviction Relief Act (ORS 138.510 through 138.680), which relies upon a claimed lack of petitioner’s knowledge of his constitutional rights before plea in a criminal case in which he is represented by counsel, must allege some failure by his counsel of duty to inform him of his rights in order to state a cause for relief.

The petition alleges that petitioner pleaded guilty to burglary not in a dwelling; that prior thereto he “did not know” the maximum penalty therefor; that if he had known it to be 10 years’ imprisonment he…