Maney v. Board of Parole

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Constitutional Law
  • Date Filed: 07-01-2015
  • Case #: A151943
  • Judge(s)/Court Below: Hadlock, J. for the Court; Sercombe, P.J.; & Tookey, J.
  • Full Text Opinion

The process for a murder review hearing by the Board of Parole under ORS 163.105 satisfies the Fourteenth Amendment Due Process Clause.

Maney (Petitioner) was sentenced to life in prison without possibility of parole. Petitioner sought review before the Board of Parole per ORS 163.105 for reconsideration of whether Petitioner could show likelihood of rehabilitation. At the murder review hearing, Petitioner was denied possibility of parole, or work release. Petitioner argued that his Fourteenth Amendment Due Process rights were violated by the Board's hearing procedures. The Court held that Petitioner's constitutional rights had not been violated because he had "received notice of the review hearing, pre-hearing access to his records, the right to present evidence in his favor and to make a statement to the board, and a complete explanation of why the board declined to declare him eligible for parole." This procedure satisfied the requirements of the Due Process Clause. Affirmed.

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