Chochrek v. Cupp

THORNTON, J.,

specially concurring.

I concur with the majority opinion on the first two issues. However, in my view the trial court did not err in assuming jurisdiction on the third issue, namely, petitioner’s claim that he was not given a constitutionally adequate hearing when the Corrections Division terminated petitioner’s participation in the school release program.

The majority opinion states that the Corrections Division’s action in terminating petitioner’s school release and ordering him back to the penitentiary was an interinstitutional transfer mentioned in ORS 421.195,① and that…