Sherwood v. Tomkins

716 F.2d 632 Frank John SHERWOOD, III, Petitioner-Appellant, v. Honorable Wendell H. TOMKINS, Circuit Court Judge, Linn County, Oregon, Hoyt C. Cupp, Superintendent, Oregon State Penitentiary, Respondents-Appellees. No. 82-3402. United States Court of Appeals, Ninth Circuit. Argued and Submitted July 7, 1983. Decided Sept. 20, 1983. Kenneth Lerner, Federal Public Defender, Portland, Or., for petitioner-appellant. Virginia Linder, Deputy Atty. Gen., Salem, Or., for respondents-appellees. Appeal from the United States District Court for the District of Oregon. Before SNEED, FARRIS, and CANBY, Circuit Judges. SNEED, Circuit Judge: 1 Petitioner Frank Sherwood was convicted of second degree manslaughter in the Circuit Court of Linn County, Oregon. After receiving a five year sentence, Sherwood moved twice in the Circuit Court to have appellate counsel appointed and trial transcripts made available to him at public expense for his appeal. See Or.Rev.Stat. Sec. 138.500. The Circuit Court denied both motions, finding after a review of supporting affidavits that Sherwood was not indigent, and thus did not qualify for free counsel and trial transcripts. 2 Sherwood then sought assistance…