Peter Brent Zauner v. Hoyt C. Cupp, Warden

Ninth Circuit Court of Appeals

December 24, 1970.

Ninth Circuit Court of Appeals · decided 1970-12-24

Cited by 1 later decisions — most recently December 1970

1 federal appellate ·

2 counsel of record

Relies on Zauner v. Cupp

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Opinion by Per Curiam · Decided 1970-12-24

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Appeal from the United States District Court for the District of Oregon; Gus J. Solomon, Judge.

M. Chapin Milbank (argued), Salem, Or., for appellant.

Jacob Tanzer (argued), Asst. Atty. Gen., Lee Johnson, Oregon Atty. Gen., Salem, Or., for appellee.

Before HAMLEY, KOELSCH and WRIGHT, Circuit Judges.

PER CURIAM:

¶1

Zauner appeals from the district court's denial of his petition for a writ of habeas corpus. We have assumed jurisdiction under Rule 22(b) of the F.R. App.Proc. and affirm.

¶2

Appellant committed a felony murder at age 16 and was convicted. He complains that Oregon law required the juvenile court to determine first that he committed the offense before remanding him to the state trial court for trial. The Oregon Supreme Court has held otherwise.

¶3

We affirm for the reasons stated in the district court's opinion. Zauner v. Cupp, Warden, 320 F.Supp. 333 (D.C. Or.1969).