No. 18-7365
Robert Allen DeVore v. Brandon Kelly, Superintendent, Oregon State Penitentiary
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
DueProcess HabeasCorpus Punishment
Latest Conference:
2019-02-15
Question Presented (from Petition)
1. Does the combined sentence totaling of 495 years with a 247½/ year minimum violate the Eight Amendment against cruel and unusual punishment?
2. Does the use of unconstitutional statutes, i.e., 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?
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?
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 Gutman — Oregon Department of Justice, Respondent
Robert A. DeVore
Robert Allen DeVore — Petitioner