Meriweather v. Board of Parole

Petitioner seeks review of an order setting his parole consideration date. ORS 144.228. He argues that the Board applied the wrong rule in setting that date and that it should have considered the victim’s “recantation,” which he offered as evidence of mitigation. We reverse and remand.

1. Petitioner’s parole hearing took place on June 17, 1988. He argues that the Board erred in applying a temporary version of OAR 255-35-022 that was not yet in effect at the time of the hearing. The state agrees but contends that the version of the rule then in effect was, in pertinent part, contrary to the…