# Murphy v. Board of Parole & Post-Prison Supervision

> Court of Appeals of Oregon · May 1, 1996 · 140 Or. App. 642

URL: https://www.frixlaw.com/law-library/cases/6942470

## Case

- **Full name:** ROBERT DOYLE MURPHY v. BOARD OF PAROLE AND POST-PRISON SUPERVISION
- **Court:** Court of Appeals of Oregon
- **Decided:** May 1, 1996
- **Citations:** 140 Or. App. 642; 915 P.2d 489; 1996 Ore. App. LEXIS 622
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** Armstrong, Edmonds, Warren
- **Cited by:** 2 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6942470

## Opinion text

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Petitioner seeks judicial review of an order of the Board of Parole and Post-Prison Supervision that rescinded his parole release date.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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6942470. Public record. Not legal advice.