DAWSON/FLETCHER v. BOARD OF PAROLE

(CA A123488; SC S055770 (Control) CA A135814; SC S055789).

217 P.3d 1055 (2009)

346 Or. 643

Craig Thomas DAWSON, Petitioner on Review, v. BOARD OF PAROLE AND POST-PRISON SUPERVISION, Respondent on Review. Dennis Gerhardt FLETCHER, Petitioner on Review, v. Board Of Parole and Post-Prison Supervision, Respondent.

Supreme Court of Oregon, En Banc.

Decided August 27, 2009.


Attorney(s) appearing for the Case

Bronson D. James, Chief Deputy Public Defender, Salem, argued the cause and filed the briefs for petitioners on review. With him on the briefs was Peter Gartlan, Chief Defender, Office of Public Defense Services. With him on the brief for petitioner on review Dawson was Brandon G. Williams, Deputy Public Defender.

Greg Rios, Assistant Attorney General, Salem, argued the cause and filed the briefs for respondent on review. With him on the briefs were John R. Kroger, Attorney General, and Erika L. Hadlock, Acting Solicitor General.


DURHAM, J.

Petitioners Dawson and Fletcher seek judicial review under ORS 144.335 of orders in which the Board of Parole and Post-Prison Supervision (the board) denied their requests to reopen and reconsider earlier orders. The board moved to dismiss both petitions for judicial review on the ground that an order denying reconsideration of an earlier order is not itself a "final order" and, as such, is not subject to judicial review under ORS 144.335. See Esperum...

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