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WISE v. HAYS

Nos. 145,525; CA A33783.

701 P.2d 1054 (1985)

74 Or.App. 245

Irving S. WISE, Respondent, v. Hazel G. HAYS, Chairperson, Oregon Board of Parole, Appellant.

Court of Appeals of Oregon.

Decided July 3, 1985.

Attorney(s) appearing for the Case

Scott McAlister, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

No appearance for respondent.

Before BUTTLER, P.J., and WARDEN and VAN HOOMISSEN, JJ.

VAN HOOMISSEN, Judge.

Defendant appeals the issuance of a peremptory writ of mandamus requiring the Board of Parole to conduct a parole consideration hearing for plaintiff. We conclude that the circuit court erred in issuing the writ and quash it. The Board of Parole established plaintiff's parole release date as January, 1986. He did not seek judicial review of that decision, and the time for direct review passed. Subsequently, he petitioned for an alternative writ...

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