Hamel v. Johnson

This habeas corpus case is before us on remand from the Supreme Court. Hamel v. Johnson, 330 Or 180, 998 P2d 661 (2000). Plaintiff argues that his incarceration is unconstitutional because he is legally entitled to release on parole. We originally dismissed the appeal as moot, Hamel v. Johnson, 158 Or App 276, 974 P2d 260 (1999). The Supreme Court reversed that holding and at the same time remanded the case to us for a decision on the merits. We reverse the trial court’s decision denying plaintiffs petition and instruct it to order plaintiffs release on parole.

In 1991, plaintiff was convicted…