- Court: Oregon Court of Appeals
- Area(s) of Law: Parole and Post-Prison Supervision
- Date Filed: 11-26-2014
- Case #: A151800
- Judge(s)/Court Below: Haselton, C.J. for the Court; DeVore, J.; & Garrett, J.
- Full Text Opinion
Gordon sought review of an order by the Board of Parole and Post-Prison Supervision (the board) postponing release for 10 years. Gordon pled guilty to rape and murder. Gordon was sentenced under the discretionary system to life in prison for the murder conviction and 20 years for the rape conviction to run consecutive. Subsequently, the discretionary system was replaced with the matrix system. The board conducted an exit interview with Gordon in 2011. The board postponed the release date for 10 years based on a present severe emotional disturbance that constituted a danger to the health and safety of the community. Gordon sought administrative review and the board rejected Gordon’s arguments. Gordon then sought judicial review and argued that the board erred in postponing his release date. The Court held that the board did not err because there was substantial evidence to support the factors the board relied on in postponing release for 10 years on the ground that Gordon had a present severe emotional disturbance such as to constitute a danger to the health or safety of the community. Affirmed.