Thompson v. Cupp

As in State ex rel Gilmore v. Cupp, 1 Or App 22, 458 P2d 711 (1969), I again respectfully note my dissent.

This court recently pointed out in Hanson v. Cupp, 5 Or App 312, 484 P2d 847 (1971), though in a different context, that there is clearly detectable

“* * * a shift from concern with misconduct of prosecuting authorities as a fraud on the courts * * * [Mooney v. Holohan, 294 US 103, 55 S Ct 340, 79 L Ed 791 (1935)] to the harm to the defendant occasioned by such conduct. * * *

CCit & it it

“Brady① focuses the deprivation of due process squarely upon the harm to defendant and not upon the…