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
Latest Conference: 2018-09-24
Question Presented (from Petition)

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 TOFACTUAL AND LEGAL INNOCENCE OF THE SENTENCE - BECAUSE MR.EASTER DID NOT HAVE THE REQUISITE QUALIFYING PREDICATECONVICTIONS.

WHETHER THE MISCARRIAGE OF JUSTICE/INNOCENCE EXCEPTIONS TO
PROCEDURAL AND LIMITATION BARS APPLY TO SUCH NON-CAPITALSENTENCING ERROR WHICH CAUSED MR. EASTER'S SENTENCE TOEXCEED THE PERMISSIBLE STATUTORY PENALTY TO EXCUSE THEDEFAULTS 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 ISENTITLED TO EQUITABLE TOLLING DUE TO THE EXTRAORDINARYCIRCUMSTANCES OF HIS TRIAL AND POST-CONVICTION COUNSEL'S FAILURETO UNDERSTAND THAT HE WAS NOT QUALIFIED FOR A LIFE SENTENCE ANDTHAT THE CONSTITUTION PREVENTS A WAIVER OF COLLATERALCHALLENGES RELATED TO INEFFECTIVE ASSISTANCE OF COUNSEL WHICHCAUSED HIS FAILURE TO FILE TIMELY.

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

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
Travis Easter
Tonia L. Moro — Petitioner