Jason Wayne Rose v. Joan Palmateer, Superintendent, Oregon State Penitentiary

State prisoner Rose appeals from the district court’s denial of his 28 U.S.C. § 2254 petition. He argues that he properly exhausted the claim that his confession and re-enactment of events were unlawfully induced and should have been suppressed, and he contends he did not validly waive his Ex Post Facto Clause objection to his sentence. The district court had jurisdiction pursuant to 28 U.S.C. § 2254 (a). We have jurisdiction over this timely appeal pursuant to 28 U.S.C. § 2253 (a), and we affirm.

I.

Following his arrest, Rose confessed to the robbery and murder of Melissa Meyer and re-enacted the crime for investigating officers. His videotaped re-enactment was admitted at trial. On April 20, 1989, Rose was convicted of aggravated murder and robbery in the first degree. The jury subsequently sentenced him to death. On automatic and direct review, the Oregon Supreme Court affirmed his convictions but vacated his death sentence due to a jury instruction error in the penalty phase and remanded. State v. Rose, 311 Or. 274 , 810 P.2d 839 (1991).

To avoid the possibility that he would again receive the death sentence, Rose, with the assistance of counsel, negotiated an agreement…