Kellotat v. Cupp

Petitioner appeals from a denial of post-conviction relief, contending that he was denied a post-indictment preliminary hearing in violation of his right to equal protection of the law under Article I, section 20, of the Oregon Constitution and the Fourteenth Amendment to the federal constitution. Because we hold that the rule first enunciated in State v. Clark, 291 Or 231, 630 P2d 810, cert den 454 US 1084 (1981), and State v. Edmonson, 291 Or 251, 630 P2d 822 (1981), and first applied in State v. Freeland, 295 Or 367, 667 P2d 509 (1983), is not applicable, we affirm.

Oregon law permits a…