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About Medford mail tribune. (Medford, Or.) 1909-1989 | View Entire Issue (Oct. 8, 1959)
o o 54th Year Medford Price 10 Cents TRIBUNE 2nd SECTION -o MEDFORD, OREGON, THURSDAY, OCTOBER 8, 1959 Pages 1 - 8 More Legal Freedom for Penitentiary Inafes (Bothers Salem taw Circles 0 By ICK HUMPHREY UPI Correspondent Salem (UPi - Federal Judge Gus Solomon's recent sweep ing decision allowing. Oregon State Penitentiary inmates much more freedom in study ing law and preparing appeals is cafeing interest and con cern in government and legal circles here. , The decf-' '.a the case of seve- ' ...s reverses most of ti .ixictions imposed by Warden Clarence Gladden on library use, purchase of law books, keeping of legal papers cells and access to legal counsel at all times. 1 Much of the interest si is from the fact that the state penitentiary " is located' here and proceedings such as ha beas corpus whereby inmates seek their freedom must start in Marion 'county Circuit Court. Supporters of Solomon's de cision herald it as a victory for the rights of the individu al whife opponents fear it may grSitly increase the burden on the courts with a flood of habeas corpus proceedings tSat may be triggered by the ne-y freedom. Actions on Increase - Jhe ttiing is sure, habeas cofpus actions have definitely q been on the increase for the O last th&e or four years. As Marion county ircuit court oicials noted: "Ten years ages we only got one br two a year." Figures -since ugust of this year already show 18 or 19 cases. Part of this increase is due to the new Post-Conviction Law passed by the 1959 Leg islature. v : " . " ; ' : This law is designed to bring order to the chaos of post-conviction appeals and put all remedies including ha beas corpus under, one statute. It also makes it mandatory for the inmate to be provid ed free legal counsel in pre paring his appeals if he has Sun Never Sets On These Natives , Belgrade UPD To be num bered among those upon whom the sun never sets . are natives of Olib, Silva, -Brae, Hvar, Vis,. Korcula, Solta and Drvenik. . ' . ; . These are islands 'in the Adriatic Sea off the coast of Yugoslavia. They have seen thousands of emigrants leave their shores during the last 75 years to be scattered through out the world.1 About 60,000 of them live today in the United States, a figure representing almost 40 per cent of the present popu lation of all the coastal is lands put together. Though widely scattered, the emigrants keep in touch with their native lands. After the last war, those from Solta sent several thousands dol lars for electrification .of the island." '. ' ; ,T.'.Jr .' - no money-most inmates don't. .This, with the new legal freedom in the penitentiary, creates some problems be cause the law provides that if legal counsel was not pro vided in habeas corpus actions before the new law became effective, the petitioner may try again with counsel un der the new act. ' Some legal minds feel this law guaranteeing counsel to penniless convicts makes some of Judge Solomon's lifting of restrictions unnecessary.' They reason that access to law books is not necessary if a lawyer is provided. Immediate result of the law will doubtless be an increase in . the number of actions brought under it both old and new cases. Long Range Effect -'. But the long range effect probably will be to decrease the number of "frivolous" pe titions which now burden the courts. This is because the act re stricts any prisoner - to only one post-conviction hearing unless questions are raised later that couldn't treasonably have been raised at the first hearing. - ; .- :. .. It also allows the attorney to file an affidavit with his client's case stating his belief that there are not sufficient grounds for it. However, the petition will be examined by the court which will decide for itself. . . - ' Previously all habeas cor pus cases from the prison were heard by the Marion county circuit court only. But the new law allows the case to be sent to the circuit court where the inmate was convicted.- This will spread the work load around and speed decisions. Original Jurisdiction Nothing in the new law pre vents the State Supreme Court from taking original jurisdiction in habeas corpus cases. But the high court has not exercised this power in years, feeling there was ade quate remedy in the circuit court. The concensus seems to be that the new , freedom of ac cess to books and lawyers pro vided by Judge Solomon's de cision plus the new post-conviction law may increase le gal actions for a time but that eventually there will be few er but better prepared actions than can be provided by "jail house lawyers." . The goal of the new law is to guarantee an inmate all the rights named in the U.S. and state constitutions and at the same time reduce the flow of many different motions, often badly planned, which now swamp the courts. We Give GREEN STAMPS ELLIS MARKET 820 Crater Lake Avenue 3 Want an exciiiiirig new (Hobby? Add years to your life by learning to , play, the Hammond Organ. You'll be amazed at how quickly you can play beautiful music. Don't hesitate just because you don't know music The organ is - the easiest of all keyboard instru ments to play... and it's great fun to learn! ; Hearing is Believing! 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