No. 18-7365

Robert Allen DeVore v. Brandon Kelly, Superintendent, Oregon State Penitentiary

Lower Court: Oregon
Docketed: 2019-01-10
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 8th-amendment consecutive-sentences constitutional-law criminal-procedure cruel-and-unusual-punishment cruel-unusual-punishment due-process eighth-amendment habeas-corpus minimum-sentences sentencing
Key Terms:
DueProcess HabeasCorpus Punishment
Latest Conference: 2019-02-15
Question Presented (AI Summary)

Does the combined sentence totaling of 495 years with a 247% year minimum violate the Eighth Amendment against cruel and unusual punishment?

Question Presented (OCR Extract)

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

Docket Entries

2019-02-19
Petition DENIED.
2019-01-31
DISTRIBUTED for Conference of 2/15/2019.
2019-01-22
Waiver of right of respondent Brandon Kelly, Supt., Oregon State to respond filed.
2018-12-31
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 11, 2019)

Attorneys

Brandon Kelly, Supt., Oregon State
Benjamin Noah GutmanOregon Department of Justice, Respondent
Benjamin Noah GutmanOregon Department of Justice, Respondent
Robert A. DeVore
Robert Allen DeVore — Petitioner
Robert Allen DeVore — Petitioner