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FRADY v. MORROW

(98C-16765; CA A103375)

9 P.3d 141 (2000)

169 Or. App. 250

Leroy FRADY, Appellant, v. Mitch MORROW, Superintendent, Oregon State Correctional Institution, Respondent.

Court of Appeals of Oregon.

Decided August 2, 2000.

Attorney(s) appearing for the Case

Elana D. Flynn argued the cause and filed the brief for appellant.

Judy C. Lucas, Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Before LANDAU, Presiding Judge, and LINDER and BREWER, Judges.

LINDER, J.

Plaintiff appeals from the trial court's sua sponte dismissal of his habeas corpus petition in which he alleged that the Board of Parole and Post-Prison Supervision (Board) unlawfully deferred his release date. We reverse and remand.

Plaintiff was sentenced to life in prison for a murder he committed in June 1977. The Board set a parole release date of December 4, 1996, but later deferred parole by order, stating:

"The Board has...

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