Glen T. MacOmber v. Clarence T. Gladden, Warden

Appellant, who is in the custody of the Warden of the Oregon State Penitentiary, seeks reversal of an order of the United States District Court for the District of Oregon dismissing his petition for writ of habeas corpus under 28 U.S. C.A. § 2254. We affirm.

In October, 1939, appellant was convicted of grand larceny by an Oregon court, and sentenced to a term of five years. Five days later a new sentence of 39 years and 360 days was imposed under the Oregon Habitual Criminal Act. Appellant alleges that Oregon did not at that time provide indigents with either a trial transcript or appellate counsel, and that poverty made it impossible for him to appeal.

Appellant subsequently filed three petitions for habeas corpus in the courts of Orgeon,’ raising issues not pertinent here. All were ultimately denied. Appellant also filed two motions in coram nobis in the original criminal action, asserting that the trial court had committed prejudicial errors of fact not shown by the judicial record. The first motion in coram nobis was dismissed without a hearing. The second motion was also dismissed.

The circumstances surrounding the dismissal of the second petition in coram nobis -were as…