# Hamel v. Johnson

> Court of Appeals of Oregon · April 25, 2001 · 173 Or. App. 448

URL: https://www.frixlaw.com/law-library/cases/9787081

## Case

- **Full name:** GEORGE F. HAMEL, Appellant, v. Dan JOHNSON, Superintendent, Snake River Correctional Institution, Respondent
- **Court:** Court of Appeals of Oregon
- **Decided:** April 25, 2001
- **Citations:** 173 Or. App. 448; 25 P.3d 314; 2001 Ore. App. LEXIS 599
- **Precedential status:** Published
- **Opinion:** Concurrence by Brewer
- **Judges:** Deits, Edmonds, Landau, Haselton, Armstrong, Wollheim, Brewer
- **Cited by:** 19 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/9787081

## Opinion text

BREWER, J.,
concurring.
I agree with the majority that the appropriate standard for habeas corpus review of Board of Parole and Post Prison Supervision decisions made under ORS 144.125(3) (1991) is the “some evidence” standard required by the Fourteenth Amendment. I also agree with the majority that the Board’s administrative rule, OAR 255-030-0032, does not require the use of a different standard. Finally, I agree that the Board’s decision in this case does pass muster under the “some evidence” test. I write separately only to emphasize that this court did not, in Meadows v. Schiedler, 143 Or App 213 , 924 P2d 314 (1996), reject review for substantial evidence as the applicable standard of review of such decisions. I agree with Judge Armstrong that Meadows should not be so understood. Nevertheless, because the majority has properly reasoned its way through this problem, I concur.
Haselton, J., joins in this concurrence.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9787081. Public record. Not legal advice.