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McCURDY v. JOHNSON

96-04-27968-M; CA A93325.

934 P.2d 448 (1997)

146 Or. App. 379

Max Donald McCURDY, Appellant, v. Dan JOHNSON, Superintendent, Snake River Correctional Institution, Respondent.

Court of Appeals of Oregon.

Decided February 12, 1997.

Attorney(s) appearing for the Case

Bob Pangburn, Eagle, ID, argued the cause and filed the brief for appellant.

Stephanie L. Striffler, Assistant Attorney General, argued the cause for respondent. With her on the brief were Theodore R. Kulongoski, Attorney General, and Virginia L. Linder, Solicitor General.

Before RIGGS, P.J., and LANDAU and LEESON, JJ.

PER CURIAM.

Plaintiff appeals from the trial court's judgment for defendant on plaintiff's petition for habeas corpus. We reverse and remand.

The issue is whether the Board of Parole and Post-Supervision (Board) retroactively applied the current version of ORS 144.125(3) when it postponed plaintiff's parole date. If the Board did apply the current version, plaintiff is correct that we would be compelled to reverse. Meadows v. Schiedler,

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