Giblin v. Johnson

The state seeks reconsideration of our opinion affirming the trial court’s summary judgment granting plaintiffs request for habeas corpus relief. Giblin v. Johnson, 160 Or App 377, 982 P2d 18 (1999). For the reasons discussed below, we allow the motion for reconsideration, withdraw our former opinion, reverse the trial court and remand for further proceedings.

Plaintiff was convicted in 1992 of sodomy and rape in the first degree and received concurrent 20-year sentences. In 1995, the Board of Parole and Post-Prison Supervision (Board) conducted a parole hearing. The Board found that plaintiff…