Carroll v. Board of Parole & Post-Prison Supervision

Petitioner seeks review of a Board of Parole order that sustained his judicially imposed minimum sentence. We affirm.

Petitioner was convicted of murder in 1985. The court set his minimum sentence at 25 years. A unanimous vote of the Board is required to override a minimum sentence for murder. ORS 163.115(3)(d). At petitioner’s 1992 hearing, three of the four Board members voted not to override the minimum sentence, citing the seriousness of petitioner’s crime.

Petitioner contends that the seriousness of the crime was made a ground for sustaining a minimum sentence by a 1988 amendment to OAR…