MASTRIANO v. BOARD OF PAROLE

(CA A124636; SC S53543).

159 P.3d 1151 (2007)

342 Or. 684

John A. MASTRIANO, Respondent on Review, v. BOARD OF PAROLE AND POST-PRISON SUPERVISION, Petitioner on Review.

Supreme Court of Oregon.

Decided May 24, 2007.


Attorney(s) appearing for the Case

Erin C. Lagesen, Assistant Attorney General, argued the cause for petitioner on review. With her on the briefs were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General, Salem.

Bronson D. James, Deputy Public Defender, argued the cause for respondent on review. With him on the brief was Peter Gartlan, Chief Defender, Office of Public Defense Services, Salem.


LINDER, J.

In 2003, the Board of Parole and Post-Prison Supervision (the board) denied petitioner's request to reopen and reconsider a 1997 order revoking his parole and a 1998 order resetting his parole release date. Petitioner sought judicial review. The Court of Appeals granted the board's motion to dismiss on the ground that the order did not "adversely affect or aggrieve" petitioner, as required by ORS 144.335(1).1 This court vacated...

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