State v. Elliott
| Decision Date | 21 September 1966 |
| Parties | STATE of Oregon, Respondent, v. Melvin Lewis ELLIOTT, Appellant. |
| Court | Oregon Supreme Court |
Melvin Lewis Elliott, in pro. per.
Thomas J. Owens, Dist. Atty., Medford, for respondent.
Before McALLISTER, C.J., and PERRY, SLOAN, O'CONNELL, GOODWIN, DENECKE and HOLMAN, JJ.
Defendant was convicted by a jury verdict of grand larceny for the theft of an automobile. At the trial, and during the preliminary proceedings, defendant refused the assistance of an attorney and repeatedly insisted that he be permitted to defend himself, which he did. The record does not disclose his reasons for this unusual conduct.
After he was convicted he requested counsel for appeal. The court appointed one attorney who later requested permission to withdraw because of the lack of any appealable issue. The court permitted the attorney to withdraw and appointed the Public Defender to present the appeal. He likewise filed affidavits swearing that no appealable issue was presented and was granted leave to withdraw. Defendant then asked this court to appoint counsel. We thought the appointment of another attorney was not justified nor required by Douglas v. People of State of California, 1963, 372 U.S. 353, 83 S.Ct. 814, 9 L.Ed.2d 811. Defendant filed his own brief.
None of the so-called assignments of error warrant any discussion. They are meaningless. Defendant attempts to overcome the verdict by asserting a number of frivolous issues that are without merit.
A review of the record discloses that the trial court gave to defendant every possible advantage and his trial was fair in every respect.
Affirmed.
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State v. Horine
...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 fo......
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Sanchez v. State
...(4th Cir. 1968); Merkel v. Beto, 387 F.2d 854 (5th Cir. 1968); Smith v. United States, 384 F.2d 649 (8th Cir. 1967); State v. Elliott, 244 Or. 426, 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, 4......
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State v. Roberts
...Defendant also claims the court erred in permitting the attorney appointed for the appeal to withdraw. The court did not err. State v. Elliott, Or., 418 P.2d 263. Richardson v. Williard, 1965, 241 Or. 376, 406 P.2d The other claims of error (such as not confining the jury during an overnigh......
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State v. Elliott
...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 ......