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DURHAM v. PALMATEER

00C18480; A113423.

91 P.3d 834 (2004)

193 Or. App. 763

David DURHAM, Appellant, v. Joan PALMATEER, Superintendent, Oregon State Penitentiary, Respondent.

Court of Appeals of Oregon.

Decided June 9, 2004.

Attorney(s) appearing for the Case

George W. Kelly, Eugene, filed the briefs for appellants.

Hardy Myers, Attorney General, Michael D. Reynolds, Solicitor General, and Kelly Knivila, Assistant Attorney General, filed the brief for respondent. Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Kathleen Cegla, Assistant Attorney General, filed the supplemental brief.

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

PER CURIAM.

In 1984, plaintiff was convicted of, and sentenced for, murder, felon in possession of a weapon, and burglary in the first degree. In 1992, the Board of Parole and Post-Prison Supervision (board) issued an order establishing plaintiff's projected parole release date according to the procedures and standards set out in ORS 144.079, which was enacted after plaintiff committed his crimes. On judicial review, this court affirmed without opinion, Durham...

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