Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)

KEITH ALAN CHRISTENSON, Appellant, v. S. Frank THOMPSON, Superintendent, Oregon State Penitentiary, Respondent.

PER CURIAM

Reversed and remanded.

PER CURIAM

Plaintiff brought a petition seeking a writ of habeas corpus, alleging that the Board of Parole and Post-Prison Supervision (Board) had applied the 1993 version of ORS 144.125 in determining his parole release date, although he had committed his offense in January 1987. He alleged that in doing so, the Board violated constitutional ex post facto protections. Defendant moved to dismiss, contending that there was no ex post facto violation, and plaintiff filed a response to defendant's argument. After hearing arguments, the trial court granted defendant's motion to dismiss.

We have rejected plaintiff's argument made to the trial court that denial of direct judicial review of the Board's decision violated ex post facto and due process protections. Shelby v. Board of Parole, 140 Or. App. 102, 915 P.2d 414, rev den 324 Or. 18 (1996).

Application of ORS 144.125(3)(a) (1993) to a prisoner whose offense was committed before the effective date of that statute violates ex post facto protections. Meadows v. Schiedler, 143 Or. App. 213, 924 P.2d 314 (1996). The court erred in dismissing plaintiff's petition.

Reversed and remanded.

Use AI to get other relevant cases.

Comments

CHRISTENSON v. THOMPSON
(Sep 11, 1996)