Legal Opinion

Zauner v. Cupp

District Court, D. Oregon

Decided July 8, 1969No. Civ. No. 68-584PublishedCited by 1 opinion

1Opinion of the Court

OPINION

SOLOMON, Chief Judge:

Petitioner was convicted of “committing first-degree murder by killing a woman while attempting to commit rape.” State v. Zauner, 250 Or. 105, 441 P.2d 85 (1968). He seeks habeas corpus relief in this Court. 28 U.S.C. § 2241 et seq.

Petitioner was 16 or 17 when he committed the offense. The juvenile court remanded his case to the circuit court. Petitioner claims the applicable statute required the juvenile court to first determine that he committed the offense. The Oregon Supreme Court interpreted the statute differently. It said that “the Juvenile Court has…

2Cases cited4 opinions

  1. In Re GAULTSupreme Court of the United States · 1967
  2. Thompson v. City of LouisvilleSupreme Court of the United States · 1960
  3. State v. ZaunerOregon Supreme Court · 1968
  4. State v. ZaunerOregon Supreme Court · 1968

3Cited by1 opinion

  1. Peter Brent Zauner v. Hoyt C. Cupp, WardenCourt of Appeals for the Ninth Circuit · 1970

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