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PETERSON v. JOHNSON

(97-06-28930M; CA A101477)

979 P.2d 773 (1999)

159 Or. App. 577

Chris PETERSON, Respondent, v. Dan JOHNSON, Superintendent, Snake River Correctional Institution, Appellant.

Court of Appeals of Oregon.

Decided April 14, 1999.

Attorney(s) appearing for the Case

Christine Chute, Assistant Attorney General, argued the cause for appellant. With her on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Bob Pangburn argued the cause and filed the brief for respondent.

Before LANDAU, Presiding Judge, and DEITS, Chief Judge, and EDMONDS, Judge.

LANDAU, P.J.

In this habeas corpus case, the state appeals, seeking reversal of the trial court's decision that plaintiff was entitled to release from prison on the ground that the Board of Parole had erred in determining that plaintiff suffered from a present severe emotional disturbance that rendered him a danger to the health and safety of the community. Pursuant to the trial court's order, plaintiff was paroled from prison. The state has filed a motion notifying...

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