Meriweather v. Board of Parole

MEMORANDUM OPINION

Petitioner, a sentenced dangerous offender, sought judicial review of an order of the Board of Parole setting a “parole consideration hearing date.” ORS 144.228. Cf. ORS 144.120 (procedure for “initial parole release date”). The parole consideration hearing date is statutorily prescribed as “the earliest time the prisoner is eligible for parole under the board’s rules.” ORS 144.228(1)(a).

The Court of Appeals, relying on ORS 144.335, 1 concluded that the order for which review was sought was not a “final order” within the meaning of the statute and, as such, was not subject…