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WEEMS/ROBERTS v. BOARD OF PAROLE

(CA A128497; SC S056672) (CA A124125; SC S056741).

227 P.3d 671 (2010)

347 Or. 586

Edgar Lee WEEMS, Petitioner on Review, v. BOARD OF PAROLE AND POST-PRISON SUPERVISION, Respondent on Review. Michael A. ROBERTS, Petitioner on Review, v. Board of Parole and Post-Prison Supervision, Respondent on Review.

Supreme Court of Oregon, En Banc.

Decided February 4, 2010.

Attorney(s) appearing for the Case

Carolyn Bys, Deputy Public Defender, Office of Public Defense Services, Salem, argued the cause for petitioner on review. With her on the briefs were Peter Gartlan, Chief Defender, and Irene B. Taylor, Deputy Public Defender.

Jeremy C. Rice, Assistant Attorney General, Salem, argued the cause for respondent on review. With him on the brief were John R. Kroger, Attorney General, and Jerome Lidz, Solicitor General.

LINDER, J.

The principal issue presented in these two cases is whether the Board of Parole and Post-Prison Supervision (the board) may consider an offender's full criminal history and personal background in imposing special conditions of post-prison supervision, or whether the board must limit its review to the facts and circumstances of an offender's current crimes of conviction.1 In these cases, based on each petitioner's criminal history...

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