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Blackketter v. Taylor

United States District Court, D. Oregon

March 3, 2017

SPENCER DEAN BLACKKETTER, Petitioner,
v.
JERI TAYLOR, Respondent.

          NELL BROWN Assistant Federal Public Defender Attorney for Petitioner.

          ELLEN F. ROSENBLUM Attorney General NICK M. KALLSTROM Assistant Attorney General Department of Justice Attorneys for Respondent.

          OPINION AND ORDER

          ANNA J. BROWN United States District Judge.

         Petitioner, an inmate at the Eastern Oregon Correctional Institution, brings this habeas corpus action pursuant to 28 U.S.C. § 2254. For the reasons that follow, the Court DENIES the Petition for Writ of Habeas Corpus (ECF No. 2).

         BACKGROUND

         On November 5, 2010, a Douglas County grand jury indicted Petitioner on four charges of Sodomy in the First Degree and four charges of Sexual Abuse in the First Degree. Resp. Exh. 102. Petitioner entered into a plea agreement whereby he agreed to plead guilty to one count of Sodomy in the First Degree and two counts of Sexual Abuse in the First Degree. Resp. Exh. 103. The plea petition signed by Petitioner specified that the sentence for one of the Sexual Abuse convictions would run concurrently with the sentence imposed for the Sodomy conviction, but that the parties were free to argue whether the sentence imposed for the second Sexual Abuse conviction would run concurrently or consecutively. Resp. Exh. 103.

         At the change of plea hearing, the trial judge engaged in a colloquy with Petitioner during which Petitioner stated he understood everything contained in the plea petition, the maximum sentences that could be imposed upon him, and the trial rights he was giving up. Resp. Exh. 104, pp. 10-14. He also stated he was pleading guilty because he was, in fact, guilty of the charged crimes. Resp. Exh. 104, pp. 10-14. The trial court found Petitioner's guilty plea was made knowingly, intelligently, and voluntarily. Resp. Exh. 104, p. 14.

         At sentencing, the trial judge imposed the mandatory-minimum sentence of 100 months of imprisonment on the Sodomy conviction and 75 months of imprisonment on each of the two Sexual Abuse convictions. Resp. Exh. 101. Consistent with the plea agreement, the trial court imposed one of the Sexual Abuse sentences to run concurrently with the Sodomy sentence and the other to run consecutively, for a total sentence of 175 months of imprisonment. Resp. Exh. 101.

         Petitioner filed a direct appeal, but later moved to dismiss the appeal. Resp. Exh. 105. Petitioner then filed a petition for state post conviction relief ("PCR") alleging several claims of ineffective assistance of trial counsel. Resp. Exh. 107. Following an evidentiary hearing, the PCR trial court denied relief. Resp. Exh. 121. Petitioner appealed, asserting one claim for relief, that the PCR trial court's judgment failed to comply with Oregon law. Resp. Exh. 122. The Oregon Court of Appeals affirmed without opinion and the Oregon Supreme Court denied review. Blackketter v. Amsberry, 272 Or.App. 181, 356 P.3d 1171, rev. denied, 358 Or. 145, 363 P.3d 1287 (2015).

         On December 28, 2015, Petitioner filed his Petition for Writ of Habeas Corpus with this Court. Petitioner alleges four grounds for relief:

         Ground One: Ineffective Assistance of Trial Counsel. Counsel threatened me with 120 years if I refused plea Deal.

         Supporting Facts: Counsel met with me and advised me to accept the plea offer or would likely receive 120 years if I took it to trial.

         Ground Two: Trial Counsel refused to meet with me for more than 10 minutes this pressured me to make decision to take the plea deal.

         Supporting Facts: Trial counsel met with me for 10 minutes or less to discuss the plea agreement I did not have sufficient ...


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