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GABEL v. JOHNSON

(97-05-28767M; CA A99804)

987 P.2d 526 (1999)

161 Or. App. 171

Alan A. GABEL, Respondent, v. Dan JOHNSON, Superintendent, Snake River Correctional Institution, Appellant.

Court of Appeals of Oregon.

Decided June 16, 1999.

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 LANDAU, Presiding Judge, EDMONDS, Judge, and ROSSMAN, Senior Judge.

PER CURIAM.

In this habeas corpus proceeding, the state appeals a judgment ordering it to release plaintiff from incarceration. The state contends that the trial court erred in concluding that the Board of Parole and Post-Prison Supervision lacked sufficient evidence to determine that plaintiff suffered from a present severe emotional disturbance that rendered him a danger to the health or safety of the community, so as to postpone his parole release date under ORS...

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