Leonard Marvin Lugo v. Clarence T. Gladden, Warden, Oregon State Penitentiary

This is an appeal by a state prisoner from a district court dismissal of a petition for a writ of habeas corpus.

In the Oregon trial court appellant urged as two defenses: self defense and intoxication; and that his confession should not be considered due to a lack of advice that he could have remained silent, and that he could have counsel. The defenses failed and he appealed. His appeal was dismissed on his own motion for lack of prosecution.

In post conviction remedies in the Oregon courts, this appellant relied solely on his failure to receive “Escobedo” rights. He never contended that his statement contained untruths, or was coerced. The Oregon trial court denied relief because Lugo had taken the stand in his own defense “and admitted in substance the same admissions contained in his statement admitted in evidence,” hereby “waiving any right to object to any admission made by him without his first having been advised of his right to counsel and his right to remain silent” ( 414 P.2d 324 ), following State v. Unsworth, 240 Or. 453 , 402 P.2d 507 (1965).

The Oregon Supreme Court denied his appeal solely on the nonretroactivity of Escobedo v. State of Illinois, 378 U.S. 478 ,…