Stevenson v. Board of Parole

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Parole and Post-Prison Supervision
  • Date Filed: 05-06-2015
  • Case #: A151942
  • Judge(s)/Court Below: Garrett, J., for the Court; DeVore, P.J.; & Ortega, J.
  • Full Text Opinion

Mastriano v. Board of Parole held that an order which denies the review or reconsideration of a previous order is not considered a final order subject to judicial review. Additionally, a petition which is substantively different, but, in effect, duplicates the request made in a previous petition that was denied, is not subject to judicial review.

Stevenson sought judicial review following a 2012 order from the Board of Parole and Post-Prison Supervision (the board) which denied Stevenson's request for a periodic review hearing. Stevenson had sent a letter to the board in 2008, asking for a parole consideration hearing for his 105 year sentence which he began serving in 1985. The board issued a response in 2008 denying him a parole consideration hearing. In 2011, Stevenson again sent a letter to the board which was taken as a request to reopen and reconsider the decision made in 2008. Again, the board denied the request. This Court agreed with the board's conclusion that Stevenson's 2011 letter was effectively attempting to reopen and reconsider the board's 2008 decision. In light of Mastriano v. Board of Parole, the 2012 order from the board regarding Stevenson's request is not subject to judicial review. Dismissed.

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