No. 18-5559

Travis Michael Easter v. Brigitte Amsberry, Superintendent, Eastern Oregon Correctional Institution

Lower Court: Ninth Circuit
Docketed: 2018-08-13
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-sentencing criminal-sentencing-enhancement due-process factual-innocence habeas-corpus ineffective-assistance-of-counsel ineffective-counsel legal-innocence miscarriage-of-justice recidivism recidivist-enhancement recidivist-statute sentencing-error three-strikes three-strikes-law
Key Terms:
FifthAmendment HabeasCorpus
Latest Conference: 2018-09-24
Question Presented (AI Summary)

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

Question Presented (OCR Extract)

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.

Docket Entries

2018-10-01
Petition DENIED.
2018-08-30
DISTRIBUTED for Conference of 9/24/2018.
2018-08-20
Waiver of right of respondent Jeri Taylor to respond filed.
2018-08-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 12, 2018)

Attorneys

Jeri Taylor
Benjamin Noah GutmanOregon Department of Justice, Respondent
Benjamin Noah GutmanOregon Department of Justice, Respondent
Travis Easter
Tonia L. Moro — Petitioner
Tonia L. Moro — Petitioner