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HAUGEN v. KITZHABER

(CC 12C16560; CA A152412; SC S060761).

306 P.3d 592 (2013)

353 Or. 715

Gary D. HAUGEN, Plaintiff-Respondent, v. John KITZHABER, Governor of the State of Oregon, Defendant-Appellant.

Supreme Court of Oregon, En Banc.

Decided June 20, 2013.

Attorney(s) appearing for the Case

Harrison Latto , Portland, argued the cause and filed the brief for plaintiff-respondent.

Anna M. Joyce , Solicitor General, Salem, argued the cause and filed the brief for defendant-appellant. With her on the brief were Ellen F. Rosenblum , Attorney General, and Jake J. Hogue , Assistant Attorney General.

Bruce L. Campbell , Miller Nash LLP, filed a brief for amici curiae ACLU of Oregon, Inc., Oregon Justice Resource Center, and Oregon Capital Resource Center. With him on the brief were Elisa J. Dozono , Alexander M. Naito , Kevin Diaz , Jeffrey Ellis , and Erin McKee.

BALMER, C.J.

The Governor has the power to grant clemency, including pardons, commutations, and reprieves, pursuant to Article V, section 14, of the Oregon Constitution.1 This case requires us to determine what constitutes a reprieve under that constitutional provision. Specifically, we must decide whether a reprieve must have a stated end date, whether it may be granted only for particular purposes, and whether it must be accepted by...

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