Roberts v. Gladden

OPINION

SOLOMON, Chief Judge:

A State court jury convicted Earl Leslie Roberts (Petitioner) of “assault and robbery armed with a dangerous weapon ; ” he received a 15-year sentence. Petitioner’s conviction was affirmed on appeal, State v. Roberts, 245 Or. 97, 420 P.2d 391 (1966); 86 Or.Adv.Sh. 203, 437 P.2d 731 (1968). Petitioner now seeks relief in this Court under 28 U.S.C. § 2241 et seq. All available State court remedies are exhausted. 28 U.S.C. § 2254(b). I appointed counsel to represent Petitioner and a hearing was held in Salem on July 12, 1968.

Petitioner first contends that his in-court…