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MCCLINE v. BOARD OF PAROLE AND POST-PRISON

A123491.

133 P.3d 349 (2006)

205 Or. App. 144

George Earl McCLINE, Petitioner, v. BOARD OF PAROLE AND POST-PRISON SUPERVISION, Respondent.

Court of Appeals of Oregon.

Decided April 19, 2006.

Attorney(s) appearing for the Case

Irene B. Taylor, Deputy Public Defender, argued the cause for petitioner. With her on the brief were Peter A. Ozanne, Executive Director, and Peter Gartlan, Chief Defender, Office of Public Defense Services.

Susan G. Howe, Senior Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before LANDAU, Presiding Judge, and SCHUMAN and ORTEGA, Judges.

SCHUMAN, J.

The Board of Parole and Post-Prison Supervision (board) postponed petitioner's parole release date after finding that he had a severe emotional disturbance and that he posed a threat to the health or safety of the community. Petitioner seeks judicial review. At issue is whether the board's action violated a federal court injunction or exceeded the board's statutory authority. We conclude that it did neither, and we therefore affirm.

Petitioner...

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