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GHOLSTON v. PALMATEER

99C-19013; A109189

51 P.3d 617 (2002)

183 Or.App. 7

Robert GHOLSTON, Appellant, v. Joan PALMATEER, Superintendent, Oregon State Penitentiary, Respondent.

Court of Appeals of Oregon.

Decided July 24, 2002.

Attorney(s) appearing for the Case

Liza Langford, Portland, argued the cause and filed the brief for appellant.

Erika L. Hadlock, 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 DEITS, Chief Judge, and BREWER, Judge.

LANDAU, P.J.

Plaintiff appeals a judgment dismissing a writ of habeas corpus. The principal issue is whether the Board of Parole and Post Prison Supervision (board) has authority to require an inmate to undergo a psychological evaluation before being released on parole. We conclude that it does and affirm.

The relevant facts are uncontested. In 1977, the legislature enacted ORS 144.223(1), which provides:

"The State Board of Parole and Post Prison...

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