Legal Opinion

Mageske v. Board of Parole & Post-Prison Supervision

Court of Appeals of Oregon

Decided March 21, 2001No. CA A106240PublishedCited by 2 opinions

1Opinion of the CourtBrewer, J.

Petitioner seeks review of an order of the Board of Parole and Post-Prison Supervision (Board) revoking his parole. The primary issue on review is whether substantial evidence supports the Board’s finding that petitioner violated the condition of his parole that required him to obey all laws. ORS 144.335(5); ORS 183.482(8)(c). We vacate the Board’s order and remand.

Petitioner was convicted of robbery in the first degree in 1984. Under the sentencing framework existing at that time, petitioner was sentenced to a term of imprisonment not to exceed 20 years, with a minimum sentence of seven and…

2Cases cited6 opinions

  1. Morrissey v. BrewerSupreme Court of the United States · 1972
  2. State v. OwensOregon Supreme Court · 1986
  3. State v. HolmesOregon Supreme Court · 1991
  4. State v. NefstadOregon Supreme Court · 1990
  5. State v. Nghia Gia DamCourt of Appeals of Oregon · 1992

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3Cited by2 opinions

  1. Brundridge v. Board of Parole & Post-Prison SupervisionCourt of Appeals of Oregon · 2004
  2. Shawn Newcomb v. Jeff PremoCourt of Appeals for the Ninth Circuit · 2013

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