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Gordon v. Board of Parole

Summarized by: 

Date Filed: 11-23-2011
Case #: A141088
Wollheim, J. for the Court; Schuman, P.J. & Brewer, C.J.
Full Text Opinion: http://www.publications.ojd.state.or.us/A141088.pdf

Parole and Post-Prison Supervision: Under ORS 144.125(3), a parole board may rely on any information contained in the psychological report to find the four elements required to defer release of an offender.

The defendant was convicted of a brutal murder in 1975 . Defendant's parole release date was postponed based on the Parole Board's finding under its 1984 rule that defendant had a present severe emotional disturbance such as to constitute a danger to the health or safety of the community. The 1984 rule allowed for the board to review the entire record to make its determination. The defendant prevailed on his initial appeal, arguing that the 1988 version of the rule, which confines the board's inquiry to the psychological report in the record, should have been used. On remand, the board applied the 1988 rule, again finding that defendant's release date should be deferred. Here, the Court of Appeals examined the board's findings and determined that based upon the psychological report, both the doctor's diagnosis and his notes regarding the defendant could have reasonably allowed the board to find the four elements required to defer parole. Affirmed.