Robert Allen DeVore v. Brandon Kelly, Superintendent, Oregon State Penitentiary
DueProcess HabeasCorpus Punishment
Does the combined sentence totaling of 495 years with a 247% year minimum violate the Eighth Amendment against cruel and unusual punishment?
QUESTION(S) PRESENTED . 1. Does the combined sentence totaling of 495 years with a 247% year minimum violate the Eight Amendment against cruel and unusual punishment? 2. Does the use of unconstitutional statutes, ie., consecutive sentence and dangerous offender sentence statutes that make trial court the factfinder instead of the jury unconstitutional, violate the Fifth, Sixth and Fourteenth Amendments to the United States Constitution? 3. Did the Supreme Court of the State of Oregons’ denial to void an illegal sentence that violated a substantive rule of constitutional law contravene the criteria set forth in Montgomery v. Louisiana, 136 S. Ct. 718, 193 L. Ed. 2D 599 (2016)? 4. Is petition for writ of habeas corpus a proper avenue to collaterally attack a void sentence imposed by use of an unconstitutional statue? ; ‘ i