# Peek v. Thompson

> Court of Appeals of Oregon · April 28, 1999 · 160 Or. App. 260

URL: https://www.frixlaw.com/law-library/cases/9627748

## Case

- **Full name:** MARVIN PEEK, Appellant, v. S. Frank THOMPSON, Superintendent, Oregon State Penitentiary, Respondent
- **Court:** Court of Appeals of Oregon
- **Decided:** April 28, 1999
- **Citations:** 160 Or. App. 260; 980 P.2d 178; 1999 Ore. App. LEXIS 645
- **Precedential status:** Published
- **Opinion:** Concurrence by Warren
- **Judges:** Deits, Edmonds, De Muniz, Landau, Haselton, Armstrong, Wollheim, Brewer, Warren
- **Cited by:** 37 later opinions in the Frix Law Library

## Citator (automated)

- **Yellow flag:** Criticized by Howey v. Johnson, 161 Or. App. 108 (1999).
- Negative treatments: 1
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9627748

## How later opinions describe it (automated extraction)

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

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9627748. Public record. Not legal advice.