Legal Opinion

Addicks v. State Board of Parole

Court of Appeals of Oregon

Decided June 8, 1983No. Inst. 37945; CA A23682PublishedCited by 9 opinions

1Opinion of the CourtButtler, P. J.

Petitioner seeks judicial review of the December 17, 1981, order of the Board of Parole which denied parole and set a new hearing date for December, 1984. Because, as explained below, the order is not a “final order” within the meaning of ORS 144.335, it is not subject to judicial review. Accordingly, we dismiss the petition.

Petitioner was convicted and sentenced prior to 1977; therefore, under OAR 255-30-002, he has the choice of having the Parole Board consider his parole under the discretionary criteria in use prior to that date as set forth in former ORS 144.175 and 144.180, 1 or under…

2Cases cited2 opinions

  1. Harris v. Board of ParoleCourt of Appeals of Oregon · 1980
  2. Bailleaux v. CuppCourt of Appeals of Oregon · 1974

3Cited by9 opinions

  1. Russell L. O'Bremski v. Manfred Maass, Superintendent, Oregon State PenitentiaryCourt of Appeals for the Ninth Circuit · 1990
  2. George W. Nulph v. Dave Cook, Director of the Department of Corrections Hardy Myers, Attorney General of the State of OregonCourt of Appeals for the Ninth Circuit · 2003
  3. Meriweather v. Board of ParoleOregon Supreme Court · 1989
  4. George W. Nulph v. Dave Cook, Director of the Department of Corrections Hardy Myers, Attorney General of the State of OregonCourt of Appeals for the Ninth Circuit · 2003
  5. Russell L. O'Bremski v. Manfred Maass, Superintendent, Oregon State PenitentiaryCourt of Appeals for the Ninth Circuit · 1990

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