James Eugene Alcorn v. Clarence T. Gladden, Warden, Oregon State Penitentiary
Opinion
Opinion
Hamley, J.
James Eugene Alcorn, a prisoner in Oregon State Penitentiary, appeals from a district court order denying his application for a writ of habeas corpus. The application was denied without calling for a return and without hearing. This was done on the ground that the application did not state facts upon which relief might be granted and that there was no showing of any attempt to comply with the Oregon Post-Conviction Hearing Act, Oregon Laws 1959, ch. 636, ORS 138.510-680.
In Alcorn’s application in the district court for a writ of habeas corpus it was alleged that in connection with his conviction in the courts of Oregon his federal constitutional rights had been violated in two respects: (1) He was denied the right to legal counsel; and (2) he was coerced into entering a plea of guilty as a result of beatings and the promise of a light sentence.
Appellee concedes that Alcorn’s application states facts which, if true, establish a violation of his rights under the due process clause of the fourteenth amendment. It follows that if the denial of his application without a hearing is to be sustained it must be on the other ground stated in the district court order.