Clarence T. Gladden, Warden v. Martin Rene Frazier

The appellee Frazier was convicted in 1965 of second degree murder in the Circuit Court of the State of Oregon. He was sentenced to imprisonment in the Oregon State Penitentiary for a term not ■ to exceed twenty-five years. He appealed his conviction to the Supreme Court of Oregon, which court affirmed his conviction. State v. Frazier, 245 Or. 4 , 418 P.2d 841 (1966). He then petitioned the United States District Court for the District of Oregon, pursuant to the provisions of §§ 2241-2254 of Title 28, United States Code, for a writ of ha-beas corpus. In that court his petition was superseded by a Pre-Trial Stipulation and Order. The district court found that in Frazier’s Oregon murder trial his constitutional rights had been violated in several specified regards. The court therefore granted the petition and ordered the warden to release Frazier from custody within 20 days unless the State of Oregon granted Frazier a new trial on the murder charge, or unless the warden obtained from this court of appeals a stay of the operation of the district court’s order pending the warden’s appeal to this court, if he did so appeal. The warden has appealed, asserting that the district court…