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QUINN v. BOARD OF PAROLE AND POST-PRISON SUPERVISION

A139475.

210 P.3d 944 (2009)

229 Or. App. 234

John W. QUINN, Petitioner, v. BOARD OF PAROLE AND POST-PRISON SUPERVISION, Respondent.

Court of Appeals of Oregon.

Decided June 24, 2009.

Attorney(s) appearing for the Case

John W. Quinn filed the brief pro se.

John R. Kroger, Attorney General, Erika L. Hadlock, Acting Solicitor General, and Jeremy C. Rice, Assistant Attorney General, filed the brief for respondent.

Before HASELTON, Presiding Judge, and ARMSTRONG, Judge, and ROSENBLUM, Judge.

PER CURIAM.

In this judicial review proceeding under ORS 183.400, petitioner challenges the validity of OAR 255-035-0030. That rule provides that the Board of Parole and Post-Prison Supervision may, under specified circumstances, deny an offender parole rather than set a parole release date. Petitioner argues that the rule violates state and federal constitutional provisions because it allows the board to deny parole to a person convicted of murder, but-due to the...

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