Roy Pressel v. State of Oregon

Appellant, a prisoner of the State of Oregon, appeals from an order of the district court dismissing his petition for writ of habeas corpus.

Following state trial to a jury, appellant was convicted of assault with intent to commit murder in the second degree. His conviction was affirmed by the Oregon Court of Appeals, 2 Or.App. 477 , 468 P.2d 915 (1970). Petition for rehearing was denied, and a review by the Supreme Court of the State of Oregon was denied.

Following filing of the petition for habeas corpus, the district court appointed counsel for appellant, conducted pretrial proceedings, and entered a pretrial order. Appellant, with counsel, was present at the hearing in the district court and was given the opportunity to present any new evidence which might be available. No such evidence was presented, and the petition was submitted to the district court on the record of proceedings in the trial and appellate courts of the State of Oregon which were before the district court.

On appeal, appellant contends that a coercively obtained confession, without being warned of his rights under Miranda v. State of Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966) was…