Legal Opinion

Capitan v. Cupp

District Court, D. Oregon

Decided December 6, 1972No. Civ. 72-738PublishedCited by 24 opinions

1Opinion of the Court

OPINION

SOLOMON, Judge:

In May, 1968, Vincent Capitan was convicted of larceny and was sentenced to five years imprisonment. This sentence was later enhanced to a maximum term of 20 years under the Oregon Habitual Criminal Act, ORS 168.015 et seq. (repealed 1971). On December 1, 1968, Capitan was convicted and sentenced to life imprisonment for the murder of a prosecution witness prior to the larceny trial.

Capitan remained in Oregon State Penitentiary through October 31, 1971. On November 1,1971, he was transferred to the federal penitentiary in Leavenworth, Kansas. The Superintendent of the…

2Cases cited5 opinions

  1. Goldberg v. KellySupreme Court of the United States · 1970
  2. Sostre v. McGinnisCourt of Appeals for the Second Circuit · 1971
  3. Landman v. RoysterDistrict Court, E.D. Virginia · 1971
  4. Clutchette v. ProcunierDistrict Court, N.D. California · 1971
  5. Krause v. SchmidtDistrict Court, W.D. Wisconsin · 1972

3Cited by24 opinions

  1. Douglas Gomes v. Anthony P. TravisonoCourt of Appeals for the First Circuit · 1974
  2. Hoitt v. VitekDistrict Court, D. New Hampshire · 1973
  3. State Ex Rel. Olson v. MaxwellNorth Dakota Supreme Court · 1977
  4. James Newkirk v. Harold N. Butler, Superintendent, of Wallkill Correctional Facility, and Peter Preiser, Commissioner of Correctional ServicesCourt of Appeals for the Second Circuit · 1974
  5. Kenneth Lono v. Charles E. Fenton, Warden, Marion Federal PenitentiaryCourt of Appeals for the Seventh Circuit · 1978

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