Opinion

Martin v. Board of Parole & Post-Prison Supervision

  • 147 Or. App. 37
  • 326 Or. 57
  • 934 P.2d 626
  • 1997 Ore. App. LEXIS 275
Court
Court of Appeals of Oregon
Filed
Mar 12, 1997
Status
Published
Author
Leeson
On the bench
Riggs, Landau, Leeson
Cited by
5 cases

Reversed on other grounds by Martin v. Board of Parole & Post-Prison Supervision, 327 Or. 147 (1998)

past board’s employment contract with county personnel director providing that manager could be terminated only for death, disability, or cause unenforceable against new board where contract required manager to exercise discretion

How later courts described this case

  • past board’s employment contract with county personnel director providing that manager could be terminated only for death, disability, or cause unenforceable against new board where contract required manager to exercise discretion
  • sexual offenses may be scored only from official records, not self-reporting of an offender

Written by the judges who cited it.

The opinion

LEESON, J.,

concurring.

The majority is correct that the Board’s order is reviewable and that the Board failed to explain adequately why the condition that plaintiff not enter Lane County, where the minor victim resides, is necessary to achieve the purposes of ORS 144.096. I write only to underscore the statement that “[w]e do not hold that the Board cannot reach that conclusion.” 147 Or App 45 (emphasis in original). The facts in this case are egregious. The Board did not necessarily err in imposing the condition; it simply failed to provide a rational explanation of the nexus between the condition that plaintiff not enter Lane County and the purposes of the statute.

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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