Hamel v. Johnson

I dissent from the majority’s conclusion that we applied an improper standard of review in our prior opinion in this case, Hamel v. Johnson, 169 Or App 216, 9 P3d 719 (2000) {Hamel II). In Hamel II, we conducted a review for substantial evidence to determine whether there was legally sufficient evidence to support the Parole Board’s finding under ORS 144.125(3) that plaintiff suffered from a severe emotional disturbance that warranted postponement of his *465release from prison. Defendant seeks reconsideration of our decision, arguing that the review conducted by a habeas corpus court of a Board…