DueProcess FourthAmendment HabeasCorpus
Can an Oregon State inmate file a federal habeas corpus petition to vacate a conviction under Ramos v. Louisiana?
QUESTION(S) PRESENTED . Question #1 Presented for review Under the 14" Amendment of the United States Constitution, can an Oregon State Inmate file a federal habeas corpus asking the United States Supreme Court to [vacate] a conviction under Ramos v. Louisiana in State case (prior 2020)? Question # 2 Presented on review : When the state of Oregon will not allow or will obstruct an inmate from using State and Federal Remedies, can an inmate use the 14° Amendment to seek relief through federal habeas? [or] what can be an option / alternative? Question # 3 Presented for review When a Petitioner is approved by the PostConviction Court to proceed prose pursuant to . United States Supreme Court ruling in Faretta v. California, do the rights attach to the claims, [or] does the post-conviction court have discretion to [ignore / or alter the claims]? , ; Question # 4 Presented for review Does the Oregon State Department of Correction (State of Oregon) through its mail rooms have any discretion to make decision’s on opening “outgoing” legal and decide what will be filed . on a Court by an inmate and what will not? : Case # 05FE0621MS Introductory Statement for question # 1 on review ; Petitioners trial was held in November 2005. Defense Counsel placed “biased” juror’s on the jury panel, a 6'" Amendment violation ; Defense counsel “suppressed” witnesses that cleared petitioner of all charges (6) months prior to trial, a 5", 6"", 8", and 14 Amendment violations; , Defense counsel and prosecutor fabricated a sex abuse case during the trial using the petitioner, a 4%, 5%, 6", and 14" Amendment violations; defense counsel “testified” for the states alleged victim and “vouched” for the credibility of the states primary witness, a 4", 5t, 6th, gt, and 14 Amendment violations, Defense Counsel [verbally informed the petitioner that physical harm could come to the petitioners kids ,”if” the petitioner tried to speak to the Judge or Testify. ] Defense Counsel ignored the evidence demonstrating that the States primary witness Patricia Carol Gurney (actually did) sexually abuse the victim, but Defense Counsel to deliberately wrongfully convict his own Petitioner, and the damage that defense counsel and state caused this defendant, : the jury verdict was still [10-2]. : In (2020), the United States Supreme Court held that the Sixth Amendment to the U.S. . Constitution requires that a jury reach a [unanimous] verdict to convict a defendant. Ramos v. Louisiana — U.S., 140 S. Ct. 1390, 206 L. ed 2d 583 (2002). **In (2022) The Oregon Legislature ; introduced Senate Bill 1511. The Bill was sought to create a process by which a person convicted or found guilty as a result of a [non-unanimous] jury verdict could file a petition for postconviction relief within one year of the acts effective date, in other words, the bill would have ; applied the Ramos decision “Retroactively”. The bill died in Committee in early 2022, therefore, denying (all prior) Convictions the right to Due Process of Law, and any person within the court’s jurisdiction, the Equal Protection of the laws. : Case # 05FE0621MS Introductory Statement for question # 2 on review In March-April 2004, petitioner reported that his (11) year old son Matt had been sexually abused by his (mother) Patricia Carol Gurney. Defense counsel [ignored] the crime ; Gurney was then allowed to falsely claim that Matt was suicidal which enabled her to lock him away and conceal her crime ; Defense counsel chose to assist the prosecution with prosecuting a fabricated . case ; Defense counsel chose to assist the prosecution and placed biased jurors on the jury ; Defense counsel assisted in the fabrication of this case during the trial and used petitioners : (former) friend Jerry Morris as a witness to the crime, without Morris knowledge and after Morris explained that there was no crime ; Defense counsel encouraged the States primary witness to use [bribery] on Morris ; Defense counsel assisted the states primary