Opinion

Haynes v. Board of Parole & Post-Prison Supervision

  • 229 Or. App. 178
  • 210 P.3d 927
  • 2009 Ore. App. LEXIS 807
Court
Court of Appeals of Oregon
Filed
Jun 17, 2009
Status
Published
On the bench
Edmonds, Sercombe, Wollheim
Cited by
0 cases

The opinion

PER CURIAM

Pursuant to ORS 183.400, petitioner challenges OAR 255-032-0010(3), a rule adopted by the Board of Parole and Post-Prison Supervision. That rule provides, in part, that “[t]he minimum period of confinement for a person sentenced to life for Murder under ORS 163.115 committed on or after June 30, 1995, shall be twenty-five (25) years.” According to petitioner, the rule violates Article I, section 16, of the Oregon Constitution because it subjects persons convicted of murder between June 30, 1995 and October 23, 1999, to the same punishment (a minimum of 25 years in prison) as someone convicted of the more serious crime of aggravated murder during that same period. We have considered petitioner’s arguments and conclude that discussion of them would be of no benefit to the bench, the bar, or the public; the rule does not violate Article I, section 16, as petitioner contends.

OAR 255-032-0010(3) held valid.

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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