Walter Lee Ervin v. Hoyt C. Cupp, Warden
411 F.2d 990·1969 U.S. App. LEXIS 12557
United States Court of Appeals for the Ninth CircuitMay 2, 196922917California77 words
Opinion
ORDER DISMISSING APPEAL
The appeal is dismissed.
This case began with a state conviction. It was affirmed on appeal. State v. Ervin, 241 Or. 475 , 406 P.2d 901 (1965).
Next Ervin files in federal district court asserting many points never submitted at any time.
Oregon has post-conviction remedies, but no attempt has been made to use them.
Duty requires us to interfere with state process from time to time, but in this ease obviously not yet.