Summary
concluding that applying a version of ORS 144.125 to a prisoner whose offense was committed before the effective date of the statute violated ex post facto protections
Summary of this case from McClure v. Board of ParoleOpinion
95C-10949; CA A89650
Submitted on record and briefs June 28, reversed and remanded September 11, 1996
Appeal from Circuit Court, Marion County.
Richard D. Barber, Judge.
Mark J. Geiger filed the brief for appellant.
Theodore R. Kulongoski, Attorney General, Virginia L. Linder, Solicitor General, and Stephen L. Madkour, Assistant Attorney General, filed the brief for respondent.
Before Deits, Presiding Judge, and De Muniz and Haselton, Judges.
PER CURIAM
Reversed and remanded.
Plaintiff brought a petition seeking a writ of habeas corpus, alleging that the Board of Parole and Post-Prison Supervision (Board) had applied the 1993 version of ORS 144.125 in determining his parole release date, although he had committed his offense in January 1987. He alleged that in doing so, the Board violated constitutional ex post facto protections. Defendant moved to dismiss, contending that there was no ex post facto violation, and plaintiff filed a response to defendant's argument. After hearing arguments, the trial court granted defendant's motion to dismiss.
We have rejected plaintiff's argument made to the trial court that denial of direct judicial review of the Board's decision violated ex post facto and due process protections. Shelby v. Board of Parole, 140 Or. App. 102, 915 P.2d 414, rev den 324 Or. 18 (1996).
Application of ORS 144.125(3)(a) (1993) to a prisoner whose offense was committed before the effective date of that statute violates ex post facto protections. Meadows v. Schiedler, 143 Or. App. 213, 924 P.2d 314 (1996). The court erred in dismissing plaintiff's petition.
Reversed and remanded.