Wayne L. Stout v. Hoyt C. Cupp, Warden

This is an appeal by Wayne Leroy Stout from the District Court’s dismissal of his petition for a writ of habeas corpus.

Appellant was convicted of rape at jury trial and sentenced to ten years’ imprisonment by the Circuit Court of Umatilla County, Oregon, in 1965. His conviction was affirmed on appeal. State v. Stout, 241 Or. 606 , 407 P.2d 897 (1965). After exhausting state remedies, appellant petitioned the District Court for a writ of habeas corpus on the grounds that he was denied due process by the prosecution’s suppression of material information and that his confession was inadmissible at trial because it was involuntary and had been elicited without the requisite warnings. We affirm the District Court’s dismissal of the petition.

(1) Suppression of material information

Appellant’s trial counsel requested that the rape victim, appellant’s stepdaughter, be given a psychiatric examination. Following the examination, the psychiatrist reported to the prosecutor that the victim suffered from a “mild undifferentiated schizophrenic reaction manifested by poor mental concentration, and by impaired reality contact, shyness, sadness, tendency to withdraw and marked sensitiveness”…