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DAVIS v. JOHNSON

97-06-28923-M; CA A99440.

967 P.2d 484 (1998)

156 Or. App. 391

Timothy Brian DAVIS, Respondent, v. Dan JOHNSON, Superintendent, Snake River Correctional Institution, Appellant.

Court of Appeals of Oregon.

Decided September 30, 1998.

Attorney(s) appearing for the Case

Christine Chute, Assistant Attorney General, argued the cause for appellant. With her on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Bob Pangburn argued the cause and filed the brief for respondent.

Before RIGGS, P.J. pro tempore, and LANDAU and WOLLHEIM, JJ.

PER CURIAM.

Following deferment of his prison release by the Board of Parole and Post-Prison Supervision (Board), petitioner filed for habeas corpus relief. The trial court issued a writ and subsequently entered judgment for petitioner in August 1997. The trial court held, pursuant to ORS 144.125 (1991), that petitioner's parole psychological evaluation provided insufficient evidence for the Board to conclude that petitioner was a danger to the health and safety of...

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