Demeyer v. Board of Parole & Post-Prison Supervision

Petitioner seeks reconsideration of our opinion in Demeyer v. Board of Parole, 206 Or App 740, 139 P3d 969 (2006). We allow reconsideration and adhere to our former opinion.

In our former opinion, we rejected petitioner’s argument that a psychological evaluation of petitioner performed by Dr. McGuffin was per se invalid and could not be considered by the Board of Parole and Post-Prison Supervision because it was filed more than 60 days after the date of the evaluation, contrary to ORS 144.223(2). We further observed that the result might be different if the delay in filing the report…