Travis Michael Easter v. Brigitte Amsberry, Superintendent, Eastern Oregon Correctional Institution
FifthAmendment HabeasCorpus
Whether the state of Oregon's imposition of a true life sentence under a three strikes sentencing recidivist enhancement statute is a miscarriage of justice
QUESTIONS PRESENTED WHETHER THE STATE OF OREGON’S IMPOSITION OF A TRUE LIFE SENTENCE UNDER A THREE STRIKES SENTENCING RECIDIVIST ENHANCEMENT STATUTE IS A MISCARRIAGE OF JUSTICE DUE TO FACTUAL AND LEGAL INNOCENCE OF THE SENTENCE BECAUSE MR. EASTER DID NOT HAVE THE REQUISITE QUALIFYING PREDICATE CONVICTIONS. WHETHER THE MISCARRIAGE OF JUSTICE/INNOCENCE EXCEPTIONS TO PROCEDURAL AND LIMITATION BARS APPLY TO SUCH NON-CAPITAL SENTENCING ERROR WHICH CAUSED MR. EASTER’S SENTENCE TO EXCEED THE PERMISSIBLE STATUTORY PENALTY TO EXCUSE THE DEFAULTS AND REACH THE MERITS OF MR. EASTER'S CLAIMS. WHETHER, ALTERNATIVE TO THE MISCARRIAGE OF JUSTICE/INNOCENCE EXCEPTION, MR. EASTER IS ENTITLED TO MERITS REVIEW BECAUSE HE IS ENTITLED TO EQUITABLE TOLLING DUE TO THE EXTRAORDINARY CIRCUMSTANCES OF HIS TRIAL AND POST-CONVICTION COUNSEL'S FAILURE TO UNDERSTAND THAT HE WAS NOT QUALIFIED FOR A LIFE SENTENCE AND THAT THE CONSTITUTION PREVENTS A WAIVER OF COLLATERAL CHALLENGES RELATED TO INEFFECTIVE ASSISTANCE OF COUNSEL WHICH CAUSED HIS FAILURE TO FILE TIMELY.