- Court: Oregon Court of Appeals
- Area(s) of Law: Parole and Post-Prison Supervision
- Date Filed: 08-07-2019
- Case #: A162741
- Judge(s)/Court Below: Lagesen, P.J. for the Court; DeVore, J.; James, J.
Petitioner sought judicial review of a final order by the Board of Parole and Post-Prison Supervision (the "Board") in which the Board reaffirmed its decision not to set a parole release date for Petitioner. On appeal, Petitioner argued that the Board erred by failing to adequately explain how it evaluated Petitioner's request, under ORS 144.050, because the Board’s decision was not supported by substantial reason and, thus, violated Petitioner’s due process rights. In response, the Board argued that the Court lacked jurisdiction to review the order. Additionally, the Board argued even if the Court did have jurisdiction, Petitioner’s argument failed on the merits. Disagreeing with the Board, regarding the jurisdictional question, the Court stated, “ORS 144.335 gives us jurisdiction to review a ‘final order’ of the board on the petition of a person who is ‘adversely affected or aggrieved’ by the order.” ORS 144.335(1). While the Court found it had jurisdiction to review the final order, the Court nevertheless disagreed with Petitioner and found Petitioner’s argument failed on the merits and therefore, affirmed the decision of the Board.