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JANOWSKI/FLEMING v. BOARD OF PAROLE

(CA A130409; SC S057120, S057276); (CA A133967; SC S057245).

245 P.3d 1270 (2010)

349 Or. 432

Kenneth Frederick JANOWSKI, Petitioner on Review/Cross-Respondent on Review, v. BOARD OF PAROLE AND POST-PRISON SUPERVISION, Respondent on Review/Cross-Petitioner on Review. Ridge Wayne FLEMING, Respondent on Review, v. Board of Parole and Post-Prison Supervision, Petitioner on Review.

Supreme Court of Oregon, En Banc.

Decided December 23, 2010.

Attorney(s) appearing for the Case

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

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

Ridge Wayne Fleming filed the brief for himself.

Ryan T. O'Connor , Deputy Public Defender, Salem, argued the cause and filed the brief for amicus curiae Office of Public Defense Services, Appellate Division. With him on the brief was Peter Gartlan , Chief Defender, Office of Public Defense Services.

Dennis N. Balske , Portland, filed the brief for amicus curiae Keven Roper.

GILLETTE, J.

These two cases, which we have consolidated for purposes of opinion, present two issues, both of which concern the proper interpretation and applicability of statutes and administrative rules that have long since been amended, but which continue to govern the treatment of prisoners who committed their crimes while those statutes and rules were in effect.1 The first issue is whether the Board of Parole and Post-Prison Supervision...

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