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MARTEENY v. BROWN

A178127.

517 P.3d 343 (2022)

321 Or. App. 250

Douglas R. MARTEENY, District Attorney for Linn County, Oregon; and Patricia W. Perlow, District Attorney for Lane County, Oregon; on behalf of all Oregonians and Randy Tennant, an individual victim; Samuel Williams, an individual victim; Amy Jones, an individual victim; and Melissa Grassl, an individual victim, Plaintiffs-Relators-Respondents Cross-Appellants, v. Katherine BROWN, Governor of the State of Oregon; Colette Peters, Director of Oregon Department of Corrections; Oregon Department of Corrections; Dylan Arthur, Executive Director of Oregon Parole Board and Post-Prison Supervision; Michael Hsu, Chairperson of Oregon Parole Board and Post-Prison Supervision; Oregon Parole Board and Post-Prison Supervision; Joe O'Leary, Director of Oregon Youth Authority; and Oregon Youth Authority, Defendants-Respondents-Appellants Cross-Respondents, and Timothy Espinoza, Intervenor-Appellant.

Court of Appeals of Oregon.

August 10, 2022.

Attorney(s) appearing for the Case

Benjamin Gutman , Solicitor General, Salem, argued the cause for appellants-cross-respondents. Also on the briefs were Ellen F. Rosenblum , Attorney General, and Kirsten M. Naito , Assistant Attorney General.

Kevin L. Mannix , Salem, argued the cause for respondents-cross-appellants. Also on the briefs was Kevin L. Mannix, P. C.

Gabe Newland argued the cause for intervenor-appellant Timothy Espinoza. Also on the brief was Jody M. Davis .

Venetia Mayhew , Portland, argued the cause amicus curiae for Criminal Justice Reform Clinic at Lewis & Clark Law School. Also on the brief was Aliza Kaplan .

Before James, Presiding Judge, and Aoyagi, Judge, and Pagán, Judge.

In 2020 and 2021, Oregon Governor Kate Brown granted clemency to approximately 1,026 convicted felons, comprising three groups: (1) individuals "vulnerable to the effects of COVID-19," (2) individuals who had fought "the historic wildfires that ravaged the state around Labor Day 2020," and (3) 73 individuals who were sentenced as juveniles...

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