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SEVERY/WILSON v. BOARD OF PAROLE

(CA A132525; SC S057031, S057516; CA A132856; SC S056674).

245 P.3d 119 (2010)

349 Or. 461

Donald SEVERY, Petitioner on Review/Cross-Respondent on Review, v. BOARD OF PAROLE AND POST-PRISON SUPERVISION, Respondent on Review/Cross-Petitioner on Review. Steven R. Wilson, Petitioner on Review/Cross-Respondent on Review, v. Board of Parole and Post-Prison Supervision, Respondent on Review/Cross-Petitioner on Review.

Supreme Court of Oregon, En Banc.

Decided December 23, 2010.

Attorney(s) appearing for the Case

Ryan T. O'Connor , Deputy Public Defender, Salem, argued the cause and filed the brief for petitioner on review/cross-respondent on review Donald Severy. With him on the brief was Peter Gartlan , Chief Defender, Appellate Division, Office of Public Defense Services.

Andy Simrin , Portland, argued the cause and filed the brief for petitioner on review/cross-respondent on review Steven R. Wilson.

Denise G. Fjordbeck , Attorney-in-Charge, Civil/Administrative Appeals, Salem, argued the cause and filed the brief for respondent on review/cross-petitioner on review. With her on the brief was John R. Kroger , Attorney General.

GILLETTE, J.

These two parole eligibility cases have been consolidated in this court for purposes of opinion. They concern the scope of authority of the Board of Parole and Post-Prison Supervision (board) to consider for parole persons who had been convicted of aggravated murder and sentenced to life in prison with a minimum of 30 years imprisonment, but who, 20 years later, are found by the board to be capable of rehabilitation within a reasonable period of time...

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