Dunmire v. Bd. of Parole & Post-Prison Supervision

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Appellate Procedure
  • Date Filed: 05-07-2014
  • Case #: A151358
  • Judge(s)/Court Below: Haselton, C.J.; & Duncan, P.J.
  • Full Text Opinion

Where a petitioner shows collateral consequences that stem from a board’s decision to impose incarceration based on legally incorrect premises the petition for judicial review is moot.

Dunmire timely sought judicial review of an order by the Board of Parole and Post-Prison Supervision (the board). After two revocations of release on parole, the board imposed a 30-month term of incarceration and reset Dunmire's parole date. Petitioner argued that after the revocation of his most recent parole, the board did not have authority under applicable statutes and rules to incarcerate him despite contrary case law. As was stated in State ex rel Gonzalez v. Washington, “all of the premises upon which [this appeal] stands are demonstrably inaccurate.” The Court held that petitioner’s demonstration of collateral consequences that stem the board’s decision to impose incarceration are based on legally incorrect premises. Thus, petition for judicial review dismissed as moot.

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