Legal Opinion · Concurrence

State ex rel. Travis v. Board of Parole

Court of Appeals of Oregon

Decided June 24, 1998No. 96C-13812; CA A96535Published

1ConcurrenceDeits, C. J.

I agree with the majority that, if we reach the merits of this case, our decision in Weidner v. Armenakis, 154 Or App 12, 959 P2d 623 (1998), is dispositive. However, in contrast to Weidner, where the plaintiff sought a writ of habeas corpus, here, plaintiff-relator seeks a writ of mandamus ordering defendant Board of Parole and Post-Prison Supervision to release him on parole. Plaintiffs arguments here in support of the issuance of the writ are essentially the same as those made by the plaintiff in Weidner. Nonetheless, I would affirm the trial court’s dismissal of plaintiffs petition for an…

2Cases cited9 opinions

  1. State Ex Rel. Ricco v. BiggsOregon Supreme Court · 1953
  2. People Ex Rel. Harris v. Commissioners of the Land OfficeNew York Court of Appeals · 1896
  3. Weidner v. ArmenakisCourt of Appeals of Oregon · 1998
  4. State Ex Rel. Ware v. HieberOregon Supreme Court · 1973
  5. Johnson v. CRADDOCKOregon Supreme Court · 1961

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