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MERIWEATHER v. BOARD OF PAROLE

A44925.

775 P.2d 340 (1989)

97 Or.App. 212

Thomas Nicholas MERIWEATHER, Petitioner, v. BOARD OF PAROLE, Respondent.

Court of Appeals of Oregon.

Decided June 14, 1989.

Attorney(s) appearing for the Case

Gary D. Babcock, Public Defender, and Lawrence J. Hall, Deputy Public Defender, Salem, for petitioner.

Dave Frohnmayer, Atty. Gen., Virginia L. Linder, Sol. Gen., and David L. Kramer, Asst. Atty. Gen., Salem, for respondent.

Before GRABER, P.J., JOSEPH, C.J., and RIGGS, J.

GRABER, Presiding Judge.

Petitioner seeks review of an order setting his parole consideration date.1 ORS 144.228. He argues that the Board applied the wrong rule in setting that date and that it should have considered the victim's "recantation," which he offered as evidence of mitigation. We reverse and remand.

Petitioner's parole hearing took place on June 17, 1988. He argues that the Board erred in applying a temporary version...

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