Legal Opinion

Philip Charles Kellotat v. Hoyt C. Cupp, Superintendent, Oregon State Penitentiary the Attorney General of the State of Oregon, David Frohnmayer

Court of Appeals for the Ninth Circuit

Decided November 3, 1983No. 82-3518PublishedCited by 55 opinions

1Opinion of the Court

CANBY, Circuit Judge:

The district court dismissed Kellotat’s habeas corpus petition for failure to exhaust state remedies. We affirm.

FACTS

Kellotat, representing himself, was convicted of robbery in Oregon Circuit Court. He appealed on several grounds to the Oregon Court of Appeals, where an attorney was appointed to represent him. Kellotat became dissatisfied with the attorney, however, because the attorney refused to raise certain issues on appeal. At Kellotat’s request, the attorney filed a motion to withdraw and a motion to appoint alternate counsel. The Oregon Court of Appeals granted the…

2Cases cited15 opinions

  1. Rose v. LundySupreme Court of the United States · 1982
  2. Picard v. ConnorSupreme Court of the United States · 1971
  3. WILWORDING Et Al. v. SWENSON, WARDENSupreme Court of the United States · 1971
  4. Ozzie Batchelor v. Hoyt C. Cupp, Superintendent, Oregon State Penitentiary, James Redden, Solicitor General, Walter L. BarrCourt of Appeals for the Ninth Circuit · 1982
  5. Dennis Lee Cartwright v. Hoyt C. Cupp, Superintendent, Oregon State PenitentiaryCourt of Appeals for the Ninth Circuit · 1981

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3Cited by55 opinions

  1. Dwayne Randall JOHNSON, Petitioner-Appellant, v. Carl ZENON, Respondent-AppelleeCourt of Appeals for the Ninth Circuit · 1996
  2. Peter M. Gatlin v. M.K. Madding, Warden Attorney General of the State of California People of the State of CaliforniaCourt of Appeals for the Ninth Circuit · 1999
  3. Joseph Sandgathe v. Manfred F. MaassCourt of Appeals for the Ninth Circuit · 2002
  4. Donald Ray Wells v. Manfred Maass, Superintendent, Oregon State PenitentiaryCourt of Appeals for the Ninth Circuit · 1994
  5. Michael Ponce Tacho v. Joe MartinezCourt of Appeals for the Ninth Circuit · 1988

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