Jackie Dean Hendricks v. Carl Zenon, Superintendent, Oregon State Correctional Institute
Opinion
Opinion
Trott, J.
Jackie Dean Hendricks (“Hendricks”) appeals the denial of his habeas corpus petition under 28 U.S.C. § 2254 (1988) on several grounds. Hendricks claims: 1) he was denied his Sixth Amendment right to the effective assistance of counsel on appeal; 2) he was deprived of due process of law because the prosecution withheld exculpatory evidence; 3) he was denied due process of law because the State failed to provide funding for investigative expenses in a timely manner; 4) he was denied due process of law because the trial court failed to merge all of his convictions for sentencing; 5) he was denied due process of law because the prosecution knowingly used perjured testimony; 6) he was denied due process of law because the trial court admitted a tape recording of his statement; and 7) he was denied due process of law because the trial court sentenced him under the dangerous offender statute. The district court denied relief. The district court had jurisdiction pursuant to 28 U.S.C. § 2254 . We have jurisdiction over this timely appeal pursuant to 28 U.S.C. § 1291 . Because the Oregon Court of Appeals’ decision to deny Hendricks substitution of counsel and to require him to pursue his…