Lambert

BACKGROUND

I. State Court Trial

In December 1994, during the course of a robbery, Kevin Washington (“Washington”) murdered James Loupe (“Loupe”) in the presence of Loupe’s children. Washington was found guilty of two counts of aggravated murder, first degree robbery, first degree burglary, and second degree assault.

Before the sentencing phase of trial, the State and Washing- ton negotiated an agreement stipulating to a sentence of “life imprisonment with the possibility of parole under ORS 163.105(1)(c) and 36 months to run consecutively.” The stip- ulation further stated: 12306 WASHINGTON v. LAMPERT Having been fully informed by his attorneys of the sentencing options available in this case and having been fully informed of possible legal and constitu- tional challenges to both the jury verdict and the pos- sible sentences, the defendant specifically waives any legal or constitutional objections to pretrial pro- ceedings, rulings by the court, his trial, the jury ver- dict, his conviction, and to the sentence he will receive based on this stipulation. This waiver is intended to eliminate the possibility of any future lit- igation regarding the defendant’s…