Alexander v. Cupp

Court of Appeals of Oregon

Alexander v. Cupp

670 P.2d 237, 65 Or. App. 219, 1983 Ore. App. LEXIS 3857

CourtCourt of Appeals of Oregon

DecidedOctober 19, 1983

Docket134,660; CA A28050

StatusPublished

This text of 670 P.2d 237 (Alexander v. Cupp) is published on Counsel Stack Legal Research, covering Court of Appeals of Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Alexander v. Cupp, 670 P.2d 237, 65 Or. App. 219, 1983 Ore. App. LEXIS 3857 (Or. Ct. App. 1983).

Pincite

Opinion

PER CURIAM

This is a post-conviction relief case in which petitioner, who had pleaded guilty to burglary, alleged that his plea was coerced by certain statements of the trial judge who accepted his plea. The post-conviction court found that petitioner was coerced by those statements, but that such coercion was “not illegal,” and therefore denied relief. The circumstances of the case appear unlikely to recur; a recitation of the trial judge’s statements would benefit neither bench nor bar. It is sufficient to say that, in addition to being coercive, they were improper.

Reversed and remanded with instructions to grant petitioner’s petition for post-conviction relief.

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PER CURIAM

This is a post-conviction relief case in which petitioner, who had pleaded guilty to burglary, alleged that his plea was coerced by certain statements of the trial judge who accepted his plea. The post-conviction court found that petitioner was coerced by those statements, but that such coercion was “not illegal,” and therefore denied relief. The circumstances of the case appear unlikely to recur; a recitation of the trial judge’s statements would benefit neither bench nor bar. It is sufficient to say that, in addition to being coercive, they were improper.

Reversed and remanded with instructions to grant petitioner’s petition for post-conviction relief.

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Bluebook (online)

670 P.2d 237, 65 Or. App. 219, 1983 Ore. App. LEXIS 3857, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alexander-v-cupp-orctapp-1983.