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NORRIS v. BOARD OF PAROLE

(CA A85542; SC S45047)

13 P.3d 104 (2000)

331 Or. 194

Melvin R. NORRIS, Petitioner on Review, v. BOARD OF PAROLE AND POSTPRISON SUPERVISION, Respondent on Review.

Supreme Court of Oregon.

Decided October 26, 2000.

Attorney(s) appearing for the Case

Eric M. Cumfer, Deputy Public Defender, Salem, argued the cause and filed the briefs for petitioner on review. With him on the briefs were Sally L. Avera, Public Defender, and Andy Simrin, Deputy Public Defender.

Christine Ann Chute, Assistant Attorney General, Salem, argued the cause for respondent on review. Douglas F. Zier, Assistant Attorney General, Salem, filed the briefs. With him on the briefs were Hardy Myers, Attorney General, Michael D. Reynolds, Solicitor General, and Judy C. Lucas, Assistant Attorney General.

Before CARSON, Chief Justice, and GILLETTE, Van HOOMISSEN, DURHAM, LEESON, and RIGGS, Justices.

RIGGS, J.

The decision of the Court of Appeals is affirmed. The order of the Board of Parole and Post-Prison Supervision is reversed, and the case is remanded to the Board for further proceedings.

The issue in this case is whether, under the law in effect in 1978, the Board of Parole and Post-Prison Supervision (Board) had the authority to sustain petitioner's minimum terms of confinement after an affirmative finding that petitioner was likely to be rehabilitated...

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