Christenson v. Thompson

*484 PER CURIAM Plaintiff brought a petition seeking a writ of habeas corpus, alleging that the Board of Parole and Post-Prison Supervision (Board) had applied the 1993 version of ORS 144.125 in determining his parole release date, although he had committed his offense in January 1987. He alleged that in doing so, the Board violated constitutional ex post facto protections. 1 Defendant moved to dismiss, contending that there was no ex post facto violation, and plaintiff filed a response to defendant’s argument. After hearing arguments, the trial court granted defendant’s motion to dismiss. Application of ORS 144.125(3)(a) (1993) to a prisoner whose offense was committed before the effective date of that statute violates ex post facto protections. Meadows v. Schiedler, 143 Or App 213, 924 P2d 314 (1996). The court erred in dismissing plaintiffs petition. Reversed and remanded. Footnotes [1] We have rejected plaintiffs argument made to the trial court that denial of direct judicial review of the Board’s decision violated ex post facto and due process protections. Shelby v. Board of Parole, 140 Or App 102, 915 P2d 414, rev den 324 Or 18 (1996).