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Hemmerich v. Board of Parole

Oregon Supreme Court
Oct 20, 1987
740 P.2d 779 (Or. 1987)

Opinion

CA A41664; SC S33871

Argued and submitted June 3, 1987

affirmed August 4, 1987 reconsideration denied October 20, 1987

In Banc

On review from the Court of Appeals.

Judicial review from order of the Board of Parole. 84 Or. App. 563, 735 P.2d 28 (1987).

Lawrence E. Hall, Deputy Public Defender, Salem, argued the cause for petitioner on review. On the petition for review was Gary D. Babcock, Public Defender, Salem.

J. Scott McAlister, Assistant Attorney General, Salem, argued the cause for respondent on review. With him on the brief were Dave Frohnmayer, Attorney General, and Virginia L. Linder, Solicitor General, Salem.


PER CURIAM

The decisions of the Board of Parole and the Court of Appeals are affirmed.


Petitioner seeks review, alleging that the Board of Parole (Board) failed to satisfy the requirements of ORS 144.135. As in Anderson v. Board of Parole, 303 Or. 618, 740 P.2d 760 (1987), the Board fully complied with ORS 144.135 by setting forth "in writing the detailed bases for its decision," which included four aggravation factors as justifying its decision to exceed the matrix range by five months.

This petitioner also asserts that the Board failed to consider factors in mitigation, contending that he was innocent and that his case was on appeal at the time of the hearing. Denial of guilt or that the conviction has been appealed are not mitigating factors.

The decision of the Court of Appeals is affirmed.


Summaries of

Hemmerich v. Board of Parole

Oregon Supreme Court
Oct 20, 1987
740 P.2d 779 (Or. 1987)
Case details for

Hemmerich v. Board of Parole

Case Details

Full title:DOUGLAS S. HEMMERICH, Petitioner on review, v. BOARD OF PAROLE, Respondent…

Court:Oregon Supreme Court

Date published: Oct 20, 1987

Citations

740 P.2d 779 (Or. 1987)
740 P.2d 779

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Jenkins v. Bd. of Parole & Post-Prison Supervision

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