PRICE v. BOARD OF PAROLE

CA A35686; SC S32344.

723 P.2d 314 (1986)

301 Or. 393

Gerald R. PRICE, Petitioner on Review, v. BOARD OF PAROLE, Respondent on Review.

Supreme Court of Oregon.

Decided August 5, 1986.


Attorney(s) appearing for the Case

Lawrence J. Hall, Atty., Public Defender's office, Salem, argued the cause for petitioner on review. On the briefs was Gary D. Babcock, Public Defender.

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

Arlen P. Smith, Jack Duncan, David E. Powell and Michael Lissy, Oregon State Penitentiary, Salem, filed a brief amicus curiae.

Before PETERSON, C.J., and LENT, LINDE, CAMPBELL, CARSON, and JONES, JJ., and GILLETTE, J. Pro Tem.


LENT, Justice.

The issue in this case is whether the Court of Appeals has authority to reverse or remand, for a claimed "abuse of discretion," a final order of the Board of Parole (Board) setting a prisoner's parole date. We hold that the relevant statutes do not give the court that authority.

In May 1984 the petitioner and his son agreed to murder the petitioner's wife and solicited one Cothran to carry out the crime...

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