Clarence Jackson v. Hoyt C. Cupp

Clarence Jackson III, an Oregon state prisoner, appeals the district court’s denial of his habeas petition. The appeal is dismissed for failure to exhaust state remedies.

Jackson was convicted in Multnomah County Circuit Court of first degree theft in 1977 and sentenced to five years in prison. The Oregon Court of Appeals affirmed the conviction without an opinion. State v. Jackson, 35 Or.App. 759 , 583 P.2d 42 (1978). Jackson apparently did not seek review in the Oregon Supreme Court. He alleged in his petition that the public defender “refused to go beyond original appeal.”

The Marion County Circuit Court denied Jackson’s petition for post-conviction relief. The Oregon Court of Appeals dismissed Jackson’s appeal from that denial on the ground that the trial court had not issued a final order. Jackson filed a new notice of appeal after the trial court entered a final order. Despite representation by appointed counsel, Jackson thereafter later personally notified the state Court of Appeals that he was disgusted with state court procedures and that he intended to proceed in federal court.

Jackson filed a petition in the district court, arguing that: (1) although he had never…