Randolph Daniel Keiper v. Hoyt C. Cupp, Superintendent, Oregon State Penitentiary

Keiper, an inmate of the Oregon State Penitentiary, appeals the dismissal of his habeas corpus petition. The voluminous state court record culminating in appellant’s conviction by a jury, and its affirmance on direct state appeal, was considered by the district court and is now before us for review. We affirm.

FACTS

On November 27, 1970, appellant, based on an accusation by his friend Moody, was arrested in Portland on a charge of murdering his fiancee by drowning. He was then read the Miranda warnings, which were repeated to him after he was taken to the police station, where he was questioned to no avail. While at the station, he telephoned his stepmother and asked her to contact a specified attorney. He was thereafter questioned on three occasions prior to his scheduled arraignment on November 30th. Although on two of these occasions he was readvised of his rights, he did not request an attorney. When he appeared for his arraignment on November 30th, he indicated to the judge that he was attempting to retain private counsel, and the judge continued the arraignment for that purpose until December 2nd. The judge fully explained to appellant his right to remain silent.…