Lundgren v. Cupp

Lundgren and Neal, having been separately convicted of felonies, were given enhanced penalties as habitual criminals under ORS 168.085. In the course of those proceedings, in which each was represented by counsel, neither attacked the constitutional validity of the previous convictions alleged. On the contrary, Neal admitted the “truth” of all material allegations of the Information of Previous Convictions and Lundgren entered a plea of “guilty” to the Information of Previous Convictions.

Each subsequently filed a petition for post-conviction relief on the ground that certain of the previous…