ROY v. PALMATEER

(CC 00C20058, 01C19972; CA A116149 (Control), CA A117045; SC S51941).

124 P.3d 603 (2005)

339 Or. 533

Raymond Francis ROY, Respondent on Review, v. Joan PALMATEER, Superintendent, Oregon State Penitentiary, Petitioner on Review. State ex rel Raymond Francis Roy, Respondent on Review, v. Board of Parole and Post-Prison Supervision, Petitioner on Review.

Supreme Court of Oregon, En Banc.

Decided December 1, 2005.


Attorney(s) appearing for the Case

Erika L. Hadlock, Assistant Attorney General, Salem, argued the cause and filed the brief for petitioners on review. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Bear Wilner-Nugent, Portland, argued the cause and filed the response and brief for respondent on review.


BALMER, J.

This case requires us to determine whether plaintiff, an inmate, is entitled to immediate release on habeas corpus because the Board of Parole and Post-Prison Supervision (board) has determined that he is "likely to be rehabilitated within a reasonable period of time." ORS 163.105(3) (1983). The Court of Appeals agreed with plaintiff that he is entitled to immediate release. We conclude, however, that the Court of Appeals erred in its reading of this court...

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