Walter Wayne Howard v. Hoyt C. Cupp, Superintendent, Oregon State Penitentiary, 747 F.2d 510 (9th Cir. 1984). · Go Syfert
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Walter Wayne Howard v. Hoyt C. Cupp, Superintendent, Oregon State Penitentiary, 747 F.2d 510 (9th Cir. 1984). Cases Citing This Book View Copy Cite
9 citation events (8 in the last 25 years) across 4 distinct courts.
Strongest positive: Marcus R. Ellington, Sr. v. Warden (cacd, 2019-08-02)
Top citers, strongest first. 7 distinct citers. How cited ↗
discussed Cited as authority (rule) Marcus R. Ellington, Sr. v. Warden
C.D. Cal. · 2019 · confidence medium
Although many states employ preliminary hearings to evaluate probable cause, it is “well settled” “that there is no fundamental right to a preliminary hearing.” Howard v. Cupp, 747 F.2d 510, 510 (9th Cir. 1984) (citation omitted), cert. denied, 471 U.S. 1021 , 105 S. Ct. 2030 , 85 L.
cited Cited as authority (rule) Alfred Leon Jones v. George Herman
9th Cir. · 1995 · confidence medium
Howard v. Cupp, 747 F.2d 510, 510 (9th Cir.1984), cert. denied, 471 U.S. 1021 (1985).
discussed Cited "see, e.g." (HC) Wilburn v. Rowe
E.D. Cal. · 2025 · signal: see also · confidence medium
Gerstein v. Pugh, 420 22 U.S. 103 , 125 n.26 (1975); see also Howard v. Cupp, 747 F.2d 510, 510 (9th Cir. 1984) (well 23 settled that there is no fundamental right to a preliminary hearing), cert. denied, 471 U.S. 1021 24 (1985). 25 C.
discussed Cited "see, e.g." (HC) Nelson v. Covello
E.D. Cal. · 2024 · signal: see also · confidence medium
Gerstein v. 7 Pugh, 420 U.S. 103 , 125 n.26 (1975); see also Howard v. Cupp, 747 F.2d 510, 510 (9th Cir. 8 1984) (well settled that there is no fundamental right to a preliminary hearing), cert. denied, 471 9 U.S. 1021 (1985).
discussed Cited "see, e.g." (HC) Brown v. Robertson
E.D. Cal. · 2021 · signal: see also · confidence medium
Gerstein v. Pugh, 420 U.S. 103 , 125 n.26 (1975); see also Howard v. 8 Cupp, 747 F.2d 510, 510 (9th Cir. 1984) (well settled that there is no fundamental right to a preliminary hearing), cert. denied, 471 U.S. 9 1021 (1985).
discussed Cited "see, e.g." (HC) Blair v. Price
E.D. Cal. · 2020 · signal: see also · confidence medium
Gerstein v. 26 Pugh, 420 U.S. 103 , 125 n.26 (1975); see also Howard v. Cupp, 747 F.2d 510, 510 (9th Cir. 27 28 8 Lodged Doc. 19 (citing In re Dixon, 41 Cal.2d 756, 759 (1953)). 1 1984) (well settled that there is no fundamental right to a preliminary hearing), cert. denied, 471 2 U.S. 1021 (1985).
discussed Cited "see, e.g." Nero v. Allison
C.D. Cal. · 2010 · signal: compare · confidence low
Compare Gerstein v. Pugh, 420 U.S. 103, 118-26 , 95 S.Ct. 854 , 43 L.Ed.2d 54 (1975) (stating that there is no constitutional right to a preliminary hearing) and Howard v. Cupp, 747 F.2d 510 (9th Cir.1984) (“[T]here is no fundamental right to a preliminary hearing.”) with Coleman v. Alabama, 399 U.S. 1, 9-10 , 90 S.Ct. 1999 , 26 L.Ed.2d 387 (1970) (finding that preliminary hearing was a critical stage of the proceedings entitling defendant to the assistance of counsel).
Retrieving the full opinion text from the archive…
Walter Wayne HOWARD, Petitioner-Appellant,
v.
Hoyt C. CUPP, Superintendent, Oregon State Penitentiary, Respondent-Appellee
83-4195.
Court of Appeals for the Ninth Circuit.
Sep 25, 1984.
747 F.2d 510
Stephen R. Sady, Federal Public Defender, Portland, Or., for petitioner-appellant., Dave Hattrick, Deputy Dist. Atty., Portland, Or., for respondent-appellee.
Kilkenny, Sneed, Norris.
Cited by 8 opinions  |  Published
PER CURIAM:

In Oregon, felony criminal charges can be filed in either one of two ways. The state may file an information and conduct a preliminary hearing or the state may obtain an indictment from a grand jury. This petitioner was indicted by a grand jury and subsequently convicted of rape. He then filed this habeas petition which was denied by the district court, asserting that the Oregon system of filing criminal charges violates the equal protection clause. Petitioner apparently objects to the fact that only some defendants receive the benefit of a preliminary hearing.

It is well settled, however, that there is no fundamental right to a preliminary hearing. Austin v. United States, 408 F.2d 808 (9th Cir.1969). Accordingly, Oregon’s system of filing criminal charges must be upheld if it meets the “rational relationship” test.

We held that the Oregon system has an ample basis in reason because there are some eases in which the secrecy of grand jury proceedings can be a decided[*511] advantage. For example, in cases where witnesses have been threatened, their safety can be enhanced by bringing them to a grand jury to testify. Further, in a rape case like this one, the secrecy of grand jury proceedings spares the victim some of the trauma that might ensue from testifying in open court. We therefore affirm the district court’s denial of the habeas petition.

AFFIRMED. *

*

We also agree with the district court that, although the line-up procedures used by the police were unduly suggestive, the eyewitness identification of the defendant during the trial in state court featured sufficient indicia of reliability to assure us that the suggestive procedures did not create a substantial likelihood of irreparable misidentification. The identifications were thus admissible under the standard set forth in Manson v. Brathwaite, 432 U.S. 98, 113-14, 97 S.Ct. 2243, 2252-53, 53 L.Ed.2d 140 (1977).