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CALDERON-PACHECO v. BOARD OF PAROLE

CA A48088; SC S36346.

788 P.2d 1001 (1990)

309 Or. 454

Antonio CALDERON-PACHECO, Petitioner On Review, v. State BOARD OF PAROLE, Respondent On Review.

Supreme Court of Oregon, In Banc.

Decided March 20, 1990.

Attorney(s) appearing for the Case

Gary D. Babcock, Public Defender's Office, Salem, argued the cause and filed the petition for petitioner on review. With him on the petition was Sally L. Avera, Acting Public Defender, Salem.

John A. Reuling, Jr., Asst. Atty. Gen., Salem, argued the cause for respondent on review. With him on the response to the petition were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

FADELEY, Justice.

In this administrative law case, we are to decide whether the Board of Parole improperly refused to consider a prisoner's evidence of mitigating factors in setting an initial parole release date. At the hearing to consider the release date, the Board refused to admit or consider evidence that petitioner was a hard-working person who would be employable outside the walls of the corrections institution. The Board rejected the evidence on the basis...

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