Elliott v. Gladden

CourtSupreme Court of Oregon
Citation82 Or.Adv.Sh. 335,244 Or. 134,411 P.2d 287
PartiesThomas E. ELLIOTT, Appellant, v. Clarence T. GLADDEN, Warden, Oregon State Penitentiary, Respondent.
Decision Date24 February 1966

Lawrence A. Aschenbrenner, Public Defender, Salem, argued the cause and filed a brief for appellant.

Wayne M. Thompson, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief was Robert Y. Thornton, Atty. Gen., Salem.

Before McALLISTER, C. J., and PERRY, SLOAN, GOODWIN, DENECKE, HOLMAN and SCHWAB, JJ.

SLOAN, Justice.

On July 26, 1963, petitioner Elliott was convicted in Lane county of the crimes of burglary and assault with intent to kill. On July 31, 1963, he was sentenced to maximum terms in the penitentiary. He did not appeal the convictions. Later he filed a petition for post-conviction relief. He alleged, and it was established by a hearing, that Elliott after his arrest and before he was advised of his right to counsel and to remain silent, confessed to the crimes. The confession was used against him at the trial. This case, therefore, presents the question: Will State v. Neely, 1965, 239 Or. 487, 395 P.2d 557, 398 P.2d 482, and Escobedo v. State of Illinois, 1964, 378 U.S. 478, 84 S.Ct. 1758, 12 L.Ed.2d 977, be given retrospective application to cases that had been concluded by a final judgment prior to the decisions in Escobedo and Neely? The trial court said 'no.' Petitioner appeals.

In reliance on the opinions in Linkletter v. Walker, 1965, 381 U.S. 618, 85 S.Ct. 1731, 14 L.Ed.2d 601, and Tehan v. United States, 1966, 86 S.Ct. 459, we hold that we will not give Neely and Escobedo retrospective application to the cases that had been 'finally decided' before June 22, 1964, the date of the Escobedo decision. See Linkletter v. Walker, supra, 381 U.S. 618, 85 S.Ct. 1731, 14 L.Ed.2d at 603 and at 614.

Affirmed.

To continue reading

Request your trial
13 cases
  • Teague v. Palmateer
    • United States
    • Oregon Court of Appeals
    • October 30, 2002
    ...in the law since his conviction. 5. In particular, the court cited Bouge v. Reed, 254 Or. 418, 459 P.2d 869 (1969), Elliott v. Gladden, 244 Or. 134, 411 P.2d 287, cert. den., 384 U.S. 1020, 86 S.Ct. 1982, 16 L.Ed.2d 1043 (1966), and Guse v. Gladden, 243 Or. 406, 414 P.2d 317 (1966), overrul......
  • State v. Fair
    • United States
    • Oregon Supreme Court
    • November 10, 1972
    ...State v. Thompson, 253 Or. 430, 452 P.2d 754, 455 P.2d 179 (1969).6 Guse v. Gladden, 243 Or. 406, 414 P.2d 317 (1966); Elliott v. Gladden, 244 Or. 134, 411 P.2d 287 (1966).7 Haynes v. Cupp, 253 Or. 566, 456 P.2d 490 (1969); see, also, North v. Cupp. 254 Or. 451, 461 P.2d 271 (1969).1 The su......
  • North v. Cupp
    • United States
    • Oregon Supreme Court
    • November 19, 1969
    ...will be limited to cases which were not finally adjudicated on June 22, 1964, the date Escobedo was decided. Elliott v. Gladden, 244 Or. 134, 135, 411 P.2d 287 (1966). We have also established that a case will not be considered finally adjudicated until the time has elapsed in which an appl......
  • Guse v. Gladden
    • United States
    • Oregon Supreme Court
    • May 11, 1966
    ...is the Mapp rule, subject to retroaction without limit as is the Gideon rule, or subject to some other standard. When Elliott v. Gladden, 82 Or.Adv.Sh. 335, 411 P.2d 287 came before us it was necessary that we attempt to anticipate what the United States Supreme Court's ruling re retroactiv......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT