Rise v. Board of Parole

Petitioner seeks review of a final order of the Board of Parole granting him a ten-month reduction of his sentence. He argues that the Board violated the ex post facto provisions of the Oregon and federal constitutions by calculating his reduction under a rule not yet in effect at the time of his offense. OAR 255-40-025(2). Petitioner also contends that the Board was biased against him due to his service as an Inmate Legal Assistant.

The Board expressly found that it would have awarded petitioner the same 10-month reduction had it applied the old rule instead of the new rule. After the Board…