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ADAMS v. CLEMENTS

160023841; A113367.

51 P.3d 674 (2002)

183 Or.App. 207

Ivan Jerry ADAMS, Respondent, v. Jan CLEMENTS, Lane County Sheriff, Defendant, and Board of Parole and Post-Prison Supervision and Department of Corrections, Appellants.

Court of Appeals of Oregon.

Decided August 7, 2002.

Attorney(s) appearing for the Case

Timothy A. Sylwester, Assistant Attorney General, argued the cause for appellants. With him on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

William Lewis Tufts argued the cause for respondent. With him on the brief was Public Defender Services of Lane County, Inc.

Before KISTLER, Presiding Judge, and DEITS, Chief Judge, and WARREN, Senior Judge.

KISTLER, P.J.

The Board of Parole and Post-Prison Supervision and the Department of Corrections appeal the grant of a writ of habeas corpus requiring the Lane County Sheriff to release petitioner from custody. The trial court held that, because petitioner's sentence had expired, the Board did not have authority to revoke his parole and return him to custody. We reverse.

The Lane County Sheriff took petitioner into custody on September 6, 2000, because he possessed...

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