Kessler v. Cupp

This is an appeal from an order dismissing a post-conviction petition in which petitioner sought to set aside his armed robbery conviction. Petitioner contends that the in-court identification procedure violated due process standards. He also urges that the court should have allowed his motion to reopen the post-conviction proceedings to reconsider the holding of the Supreme Court of Oregon in State v. Kessler, 254 Or 124, 458 P2d 432 (1969), in light of the holding of the Ninth Circuit Court of Appeals in Naughten v. Cupp, No. 71-3065 (9th Cir., filed May 24, 1972).

Defendant was convicted of…