Opinion

Murphy v. Board of Parole & Post-Prison Supervision

  • 140 Or. App. 642
  • 915 P.2d 489
  • 1996 Ore. App. LEXIS 622
Court
Court of Appeals of Oregon
Filed
May 1, 1996
Status
Published
On the bench
Armstrong, Edmonds, Warren
Cited by
2 cases
Authority
More cited than 77.5%

The opinion

PER CURIAM

Petitioner seeks judicial review of an order of the Board of Parole and Post-Prison Supervision that rescinded his parole release date. He contends that the Board violated applicable law by failing to hold a hearing before issuing the order. He asks us to reverse the order and to remand with specific instructions that the Board release petitioner.

We agree with petitioner that the Board violated an applicable rule by failing to hold a hearing prior to issuing its order. We decline, however, to grant petitioner the relief that he seeks. The only relief to which petitioner is entitled is a hearing to determine if he should be released, and the Board held such a hearing after the order on review. Because petitioner has been accorded a full hearing, no further relief remains to be granted. See, e.g., Floyd v. Motor Vehicles Div., 27 Or App 41, 44-45 , 554 P2d 1024 , rev den 276 Or 873 (1976).

Affirmed.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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