Wise v. Hays

Defendant appeals the issuance of a peremptory writ of mandamus requiring the Board of Parole to conduct a parole consideration hearing for plaintiff. We conclude that the circuit court erred in issuing the writ and quash it. The Board of Parole established plaintiffs parole release date as January, 1986. He did not seek judicial review of that decision, and the time for direct review passed. Subsequently, he petitioned for an alternative writ of mandamus seeking a rehearing, because, he contended, the Parole Board had failed to comply with ORS 144.210 at his earlier hearing. See Smith v.…