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SOPHER v. BOARD OF PAROLE

A128108.

225 P.3d 836 (2010)

233 Or. App. 178

Shane I. SOPHER, Petitioner, v. BOARD OF PAROLE AND POST-PRISON SUPERVISION, Respondent.

Court of Appeals of Oregon.

Decided January 6, 2010.

Attorney(s) appearing for the Case

Shane I. Sopher filed the briefs pro se.

John R. Kroger, Attorney General, Jerome Lidz, Solicitor General, and Janet A. Metcalf, Assistant Attorney General, filed the brief for respondent.

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

HASELTON, P.J.

Petitioner challenges the validity of several provisions of the so-called "juvenile aggravated murder" rules (the JAM rules), OAR 255-032-0005, OAR 255-032-0010, OAR 255-032-0011, OAR 255-032-0015, OAR 255-032-0020, and Exhibits P-I, P-II, and P-III (all promulgated or amended May 18, 1999). See ORS 183.400(4) (providing that this court shall declare a rule invalid if it violates constitutional provisions or exceeds the agency's statutory authority...

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