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DAVIS v. BOARD OF PAROLE

(CA A120534; SC S52803).

144 P.3d 931 (2006)

341 Or. 442

Robbie T. DAVIS, Petitioner on Review, v. BOARD OF PAROLE AND POST-PRISON SUPERVISION, Respondent on Review.

Supreme Court of Oregon.

Decided October 5, 2006.

Attorney(s) appearing for the Case

Rebecca A. Duncan, Chief Deputy Public Defender, Salem, argued the cause and filed the brief for petitioner on review. With her on the brief were Peter A. Ozanne, Executive Director, Office of Public Defense Services, and Peter Gartlan, Chief Defender, Legal Services Division.

Judy C. Lucas, Assistant Attorney General, Salem, argued the cause and filed the brief for respondent on review. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before DE MUNIZ, Chief Justice, and CARSON, GILLETTE, DURHAM, RIGGS, BALMER, and KISTLER, Justices.

KISTLER, J.

ORS 144.228(1)(b) provides that the Board of Parole and Post-Prison Supervision (board) shall give a prisoner who has been sentenced as a dangerous offender a release date "if the condition [that] made the prisoner dangerous is absent or in remission."1 In this case, the board did not set a release date for petitioner because it found by a preponderance of the evidence that the condition that made him dangerous was not absent...

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