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STATE EX REL ENGWEILER v. FELTON

(CC 07C18859; CA A139059; SC S058311; CC 06C14844; CA A134157; SC S058373; CA A128108; SC S058327).

260 P.3d 448 (2011)

350 Or. 592

STATE ex rel. Conrad R. ENGWEILER, Petitioner on Review, v. Aaron FELTON, Chairperson of the Board of Parole and Post-Prison Supervision, Respondent on Review. State ex rel. Shane I. Sopher, Petitioner on Review, v. Michael Washington, Chairperson of the Oregon Board of Parole and Post-Prison Supervision, Respondent on Review. Shane I. Sopher, Petitioner on Review, v. Board of Parole and Post-Prison Supervision, Respondent on Review.

Supreme Court of Oregon.

Decided September 1, 2011.

Attorney(s) appearing for the Case

Andy Simrin , Portland, argued the cause and filed the brief for petitioner on review Conrad R. Engweiler . Kristina Hellman , Federal Public Defender—District of Oregon, Portland, argued the cause and filed the briefs for petitioner on review Shane I. Sopher.

Jeremy C. Rice , Assistant Attorney General, Salem, argued the cause for respondents on review Aaron Felton, Chairperson of the Board of Parole and Post-Prison Supervision; Michael Washington, Chairperson of the Oregon Board of Parole and Post-Prison Supervision; and Oregon Board of Parole and Post-Prison Supervision. With him on the briefs were John R. Kroger , Attorney General, and Mary H. Williams , Solicitor General.

Before, DE MUNIZ, Chief Justice, and DURHAM, BALMER, KISTLER, WALTERS, and LINDER, Justices.

DE MUNIZ, C.J.

These three cases, which we have consolidated for purposes of argument and opinion, involve one administrative rule challenge (ORS 183.400) and two mandamus actions (ORS 34.110) brought by two prison inmates, each convicted of aggravated murder that he committed when he was less than 17 years of age.1

In the rule challenge brought by petitioner Sopher, he contends that the board exceeded its statutory authority when...

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