State v. Elliott
| Decision Date | 26 June 1968 |
| Citation | 442 P.2d 609,250 Or. 464 |
| Parties | STATE of Oregon, Respondent, v. Melvin Lewis ELLIOTT, Appellant. |
| Court | Oregon Supreme Court |
John Marvin Kuhn, Deputy Public Defender, Salem, argued the cause for the appellant, and filed a brief. With him on the brief was Lawrence Aschenbrenner, then Public Defender for Oregon. The appellant filed a supplementary brief, pro se.
Thomas J. Owens, Dist. Atty., Medford, argued the cause and filed a brief for respondent.
Before PERRY, C.J., and McALLISTER, O'CONNELL, DENECKE and RODMAN, JJ.
The defendant was convicted of grand larceny and sentenced to a term of six and a half years in the penitentiary. He refused the aid of counsel throughout his trial. On appeal his court appointed attorneys certified that they could find no substantial question to be raised on appeal and asked to be relieved of their assignment. The trial court granted this motion and appointed the Public Defender to represent the defendant in this Court.
Based upon his affidavit that he likewise was unable to find any appealable issue, the Public Defender was permitted to withdraw and the defendant presented his appeal in propria persona. We found no error and affirmed the judgment. State v. Elliott, 244 Or. 426, 418 P.2d 23 (1966).
The Supreme Court of the United States granted certiorari and held that the defendant was entitled to further assistance of counsel. Anders v. State of California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). The judgment was vacated and the case remanded to this Court for further consideration. Elliott v. Oregon, 387 U.S. 575, 87 S.Ct. 2070, 18 L.Ed.2d 967 (1967).
We ordered the appeal reinstated and the Public Defender filed a brief and argued the cause for the appellant. Mr. Elliott also filed his own supplementary brief. All of the assignments of error had been previously raised on the first appeal and were found to be without merit. We have re-examined them and are still of that opinion.
The judgment is affirmed.
To continue reading
Request your trial
-
State v. Horine
... ... Page 807 ... after due diligence in attempting to inform appellant, counsel shall notify this court of that fact and the appeal will be dismissed as abandoned ... Motion to be allowed to withdraw as counsel denied ... --------------- ... 1 In State v. Elliott, 244 Or. 426, 418 P.2d 263 (1966), counsel was appointed for the defendant on appeal. That attorney asked to withdraw because no appealable issue could be found. The Public Defender was appointed as counsel for the defendant and also notified the court that there was no issue to raise on appeal ... ...
-
Sanchez v. State
...418 P.2d 263 (Or.1966), vacated & remanded, Elliott v. Oregon, 387 U.S. 571, 87 S.Ct. 2070, 18 L.Ed.2d 967 (1967), reaff'd, State v. Elliott, 442 P.2d 609 (Or.1968); People v. Feggans, 67 A.C. 447, 62 Cal.Rptr. 419, 432 P.2d 21 (1967); Commonwealth v. Baker, 429 Pa. 209, 239 A.2d 201 We wil......