Roy v. Palmateer

This case requires us to determine whether plaintiff, an inmate, is entitled to immediate release on habeas corpus because the Board of Parole and Post-Prison Supervision (board) has determined that he is “likely to be rehabilitated within a reasonable period of time.” ORS 163.105(3) (1983). The Court of Appeals agreed with plaintiff that he is entitled to immediate release. We conclude, however, that the Court of Appeals erred in its reading of this court’s prior cases and the applicable statutes. We therefore reverse and remand the case to the Court of Appeals for further proceedings.

Plainti…