Michael Lee Ponce v. Hoyt C. Cupp, Superintendent, Oregon State Penitentiary, Larry Wayne Key v. Hoyt C. Cupp

Ponce and Key appeal from the district court’s denial of writs of habeas corpus. We have jurisdiction under 28 U.S.C. §§ 1291 , 2253, and affirm the district court.

I

Early one summer evening, while still light, a black four-door car stopped near Jantzen Beach, Oregon to pick up a hitchhiker. The hitchhiker, a sixteen year old high school student named Farnsworth, got in the back seat behind the driver. A German Shepherd puppy and another man sat next to the driver. In the back seat to the right of Farnsworth sprawled a third man, apparently asleep.

The driver turned around and asked Farnsworth if he wanted a ride. Soon after the car pulled away, Farnsworth reached over the front seat to pet the puppy. The front seat passenger warned him not to, and Farnsworth sat back. Then the front seat passenger pulled out a knife, pointed it at Farnsworth and began asking him if he wanted to die. He then reached out, pinned Farnsworth against the back seat, and, staring him straight in the face, put the knife to his throat for about a minute. Farnsworth asked to be let out of the automobile. Both the driver and the front seat passenger reacted strongly, saying he would be lucky to leave…