Jack R. Allen v. Hoyt C. Cupp, Warden

Jack R. Allen, represented by retained counsel, sought a writ of habeas corpus from his Oregon State confinement on two burglary convictions. His application alleged that both convictions were based on a confession which was the product of an illegal arrest. Following the warden’s return and answer to the order to show cause, a pretrial order and stipulation were entered into admitting, as exhibits, the transcripts of petitioner’s three state court trials and the three opinions of the Supreme Court of Oregon. The case was then submitted on the record.

The district court found (1) that petitioner’s detention and arrest for driving without a valid driver’s license was a pretext for holding him for suspicion of burglary, and (2) the confession was a product of the illegal detention. Allen v. Cupp, 298 F.Supp. 432 (1969). On appeal by the warden, we reverse. Assuming, arguendo, that the arrest and custody on the traffic charge was illegal, we hold that there is no support in the state court record for the district court’s conclusion that the confession was the product of the illegal arrest or custody.

The facts are, for the most part, undisputed, and we shall deal only with those…