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HIMES v. BOARD OF PAROLE

A126997.

190 P.3d 466 (2008)

221 Or. App. 386

Robert Lewis HIMES, Petitioner, v. BOARD OF PAROLE AND POST-PRISON SUPERVISION, Respondent.

Court of Appeals of Oregon.

Decided July 30, 2008.

Attorney(s) appearing for the Case

Ingrid Swenson, Executive Director, Peter Gartlan, Chief Defender, and Irene B. Taylor, Deputy Public Defender, Office of Public Defense Services, filed the brief for petitioner.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Judy C. Lucas, Senior Assistant Attorney General, filed the brief for respondent.

Before BREWER, Chief Judge, and ORTEGA, Judge, and CARSON, Senior Judge.

BREWER, C.J.

In 1994, the Board of Parole and Post-Prison Supervision revoked petitioner's parole and denied rerelease based on a finding that he had committed an aggravated parole violation. In Himes v. Thompson, 336 F.3d 848 (9th Cir.2003), the Ninth Circuit Court of Appeals granted petitioner federal habeas corpus relief as to the board's rerelease order.1 In response to the Ninth Circuit's decision...

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