Halladay v. Board of Parole & Post-Prison Supervision

Petitioner challenges the validity of four administrative rules pursuant to ORS 183.400. The rules in question— OAR 255-030-0026, OAR 255-032-0015, OAR 255-035-0023(1), and OAR 255-040-0025—concern aspects of parole hearings for inmates convicted of murder and aggravated murder. Petitioner contends that those rules are unconstitutional because they treat individuals convicted of aggravated murder more favorably than individuals convicted of murder. We conclude that petitioner’s challenges depend on specific factual situations that may or may not arise under the rules, and we therefore reject…