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). I concur in the majority’s decision to grant reconsideration. I dissent, however, from the majority’s conclusion that we cannot decide, on this record, whether the Board violated one of its rules by failing to hold a hearing before postponing petitioner’s parole release date.

Petitioner sought judicial review of an order of the Board that rescinded his parole release date, contending that the Board had violated…