Wheeler v. Cupp

This post-conviction proceeding arises out of the defendant’s conviction for unarmed robbery, ORS 163.290, and the subsequent dismissal of an appeal therefrom.

The petition under consideration asserts five causes of action. The first claims the improper use at trial of a confession and of an in-custody identification obtained before he was advised of either his right to remain silent or his right to counsel. The case was tried before a jury. An in camera hearing was held by the court to determine the admissibility of the confession, and the court held that it was admissible. Following his…