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SMITH v. BOARD OF PAROLE

(CA A123105; SC S53596).

171 P.3d 354 (2007)

343 Or. 410

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

Supreme Court of Oregon.

Decided November 8, 2007.

Attorney(s) appearing for the Case

John L. Susac, Deputy Public Defender, Salem, argued the cause and filed the briefs for petitioner on review. With him on the briefs was Peter Gartlan, Chief Defender, Office of Public Defense Services, Salem.

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

WALTERS, J.

In this case, we review a Court of Appeals order summarily affirming a decision of the Board of Parole and Post-Prison Supervision (the board) that denied petitioner reparole. We conclude that the Court of Appeals correctly relied on its own controlling precedent in deciding that petitioner did not present a substantial question of law under ORS 144.335.1 We proceed, then, to the merits...

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