Murphy v. Board of Parole & Post-Prison Supervision

The Board of Parole and Post-Prison Supervision has petitioned for reconsideration of our previous opinion. Murphy v. Board of Parole, 140 Or App 642, 915 P2d 489 (1996) (per curiam). We allow reconsideration to clarify our opinion and adhere to it as modified.

Petitioner sought judicial review of an order of the Board that rescinded his parole release date without a hearing on December 17, 1993. He asked us to reverse the order and to remand with specific instructions that the Board release him. In our prior opinion, we stated,

“We agree with petitioner that the Board violated an applicable…