ATKINSON v. BOARD OF PAROLE

(CA A122599; SC S52476).

143 P.3d 538 (2006)

341 Or. 382

David Lee ATKINSON, Petitioner on Review, v. BOARD OF PAROLE AND POST-PRISON SUPERVISION, Respondent on Review.

Supreme Court of Oregon, En Banc.

Decided September 21, 2006.


Attorney(s) appearing for the Case

David Lee Atkinson, pro se, Ontario, filed the briefs for petitioner.

Steven R. Powers, Assistant Attorney General, Salem, filed the brief for respondent on review. With him on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General, Salem.

Jamesa J. Drake, Deputy Public Defender, Peter A. Ozanne, Executive Director, and Peter Gartlan, Chief Defender, Office of Public Defense Services, Salem, filed a brief on behalf of amicus curiae, Legal Services Division, Office of Public Defense Services.


CARSON, J.

In this case, we must decide what constitutes a "substantial question of law" when the Court of Appeals determines whether to grant a motion for leave to proceed with judicial review of a parole order under ORS 144.335. Petitioner sought judicial review of a decision of the Board of Parole and Post-Prison Supervision (board) and, pursuant to ORS 144.335(6),1 filed such a motion for...

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