Opinion

Peek v. Thompson

  • 160 Or. App. 260
  • 980 P.2d 178
  • 1999 Ore. App. LEXIS 645
Court
Court of Appeals of Oregon
Filed
Apr 28, 1999
Status
Published
Author
Warren
On the bench
Deits, Edmonds, De Muniz, Landau, Haselton, Armstrong, Wollheim, Brewer, Warren
Cited by
37 cases

Criticized by Howey v. Johnson, 161 Or. App. 108 (1999)

holding that, where the board is vested with discretion by statute, it may limit its own discretion in its rules

How later courts described this case

  • holding that, where the board is vested with discretion by statute, it may limit its own discretion in its rules
  • remanding to the parole board to reconsider its decision to defer a prisoner’s release after the court concluded that the board had applied the wrong legal analysis and, as a result, made its decision based on evidence that was not relevant
  • reading a psychologist’s report “as a whole,” the Board could find that the inmate had a present severe emotional disturbance
  • “An agency which is vested with discretion by statute may limit its own discre- tion in its regulations.” (Internal quotation marks omitted.)

Written by the judges who cited it.

Later courts went against this

  • Criticized by Howey v. Johnson, 161 Or. App. 108 (1999)

    However, I persist in the view that Peek was incorrectly decided for one or more of the reasons stated in the dissent in that case.
    Court of Appeals of OregonJun 2, 1999Read it

The opinion

WARREN, S. J.,

concurring.

I agree with the majority that the Board erred in fading to determine whether the psychological report made a finding of severe emotional disturbance. That requires a remand to the Board to make that determination. The majority’s discussion of the contents of the psychological report is unnecessary to our decision to remand and is inappropriate.

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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