Clifford Daugharty v. Clarence T. Gladden, Warden, Oregon State Penitentiary

This is an appeal by Clifford Daugh-arty from an order denying his application for a writ of habeas corpus.

In November, 1951, Daugharty was tried and convicted in the circuit court of the state of Oregon for Deschutes county, on a charge of uttering and publishing a forged bank check. He was sentenced to a maximum term of fifteen years in the Oregon state penitentiary, where he is now incarcerated.

This application for a writ of habeas corpus was filed in the United States District Court for the district of Oregon* on March 27, 1957. It was denied on the court’s own motion, without issuance of a writ or an order to show cause. This action was taken on the ground that Daugharty had not, as required by 28 U.S.C.A. § 2254 , exhausted the remedies available to him in the courts of the state of Oregon. Daugharty v. Gladden, D.C., 150 F.Supp. 887 .

Daugharty filed notice of appeal, and appeared in this court in propria persona. A judge of this court granted a certificate of probable cause. After initial briefs were filed in this court, we appointed Quentin L. Kopp, of the San Francisco bar, to represent Daugharty. Supplemental briefs were then filed by both parties prior to oral…