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

> Court of Appeals of Oregon · May 22, 1996 · 141 Or. App. 219

URL: https://www.frixlaw.com/law-library/cases/6942496

## Case

- **Full name:** JAMES T. COMBS v. BOARD OF PAROLE & POST-PRISON SUPERVISION
- **Court:** Court of Appeals of Oregon
- **Decided:** May 22, 1996
- **Citations:** 141 Or. App. 219; 917 P.2d 74; 1996 Ore. App. LEXIS 709
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** Landau, Leeson, Riggs
- **Cited by:** 0 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/6942496

## Opinion text

PER CURIAM
Following argument on this case, the Board moved to dismiss the petition on the ground of mootness. We deny the motion without discussion.
On the merits, petitioner seeks review of an order of the Board of Parole and Post-Prison Supervision that requires him to serve 36 months of supervised parole pursuant to ORS 144.085(c). He argues that the application of ORS 144.085 to him violates constitutional prohibitions against ex post facto laws. We agree.
Petitioner committed the crime of murder, ORS 163.115, on October 12, 1982. The rules in effect at the time petitioner committed his crime, former OAR 255-90-002 (August 1982, repealed October 15, 1993); former OAR 255-90-010 (August 1982, repealed October 15, 1993), provided for a shorter term of parole than the three-year term imposed pursuant to ORS 144.085(c). Accordingly, the application of that provision to petitioner was error. Thierman v. Board of Parole, 134 Or App 304, 307 , 894 P2d 1250 (1995); Byrnes v. Board of Parole, 134 Or App 296 , 894 P2d 1252 (1995).
Motion to dismiss denied. Reversed and remanded for reconsideration.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6942496. Public record. Not legal advice.