Legal Opinion

Dwight Loren Smith, 32156 v. Hoyt C. Cupp, Superintendent, Oregon State Penitentiary

Court of Appeals for the Ninth Circuit

Decided April 6, 1972No. 71-1952PublishedCited by 20 opinions

1Opinion of the Court

HAMLEY, Circuit Judge:

In 1967, Dwight Loren Smith was convicted in the state of Oregon of second-degree murder and sentenced to a term in the Oregon State Penitentiary not to exceed twenty-five years. The conviction was affirmed by the Court of Appeals of the State of Oregon on September 12, 1969. 1 Smith’s petition to that court for rehearing was denied on November 5, 1969. A subsequent petition for review in the Oregon Supreme Court was also denied.

Smith then filed a petition for federal habeas corpus relief in the United States District Court. The court dismissed the petition in a…

2Cases cited8 opinions

  1. Simmons v. United StatesSupreme Court of the United States · 1968
  2. Stovall v. DennoSupreme Court of the United States · 1967
  3. Picard v. ConnorSupreme Court of the United States · 1971
  4. Marion Domeracki v. Humble Oil & Refining Co.Court of Appeals for the Third Circuit · 1971
  5. Northern Pacific Railway Company, a Corporation v. Tillie Mely, as Administratrix of the Estate of A. E. Mely, DeceasedCourt of Appeals for the Ninth Circuit · 1954

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3Cited by20 opinions

  1. United States v. Frank MotenCourt of Appeals for the Second Circuit · 1978
  2. United States v. James Theodore EagleCourt of Appeals for the Eighth Circuit · 1976
  3. Thomas J. Hard v. Burlington Northern RailroadCourt of Appeals for the Ninth Circuit · 1987
  4. People of the Territory of Guam v. Bobby G. MarquezCourt of Appeals for the Ninth Circuit · 1992
  5. United States v. Caro-QuinteroDistrict Court, C.D. California · 1991

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