Atkinson v. Board of Parole & Post-Prison Supervision

In this case, we must decide what constitutes a “substantial question of law” when the Court of Appeals determines whether to grant a motion for leave to proceed with judicial review of a parole order under ORS 144.335. Petitioner sought judicial review of a decision of the Board of Parole and Post-Prison Supervision (board) and, pursuant to ORS 144.335(6), 1 filed such a motion for leave to proceed. The Court of Appeals denied petitioner leave to proceed and dismissed his petition on its own motion, apparently concluding that petitioner had failed to present a “substantial question of law.”…