Opinion
951227697M; CA A91453
Submitted on record and briefs July 3, affirmed September 11, 1996
Appeal from Circuit Court, Malheur County.
Frank J. Yraguen, Judge.
Garrett A. Richardson filed the brief for appellant.
Theodore R. Kulongoski, Attorney General, Virginia L. Linder, Solicitor General, and Stephen L. Madkour, Assistant Attorney General, filed the brief for respondent.
Before Deits, Presiding Judge, and De Muniz and Haselton, Judges.
PER CURIAM
Affirmed.
Plaintiff sought habeas corpus relief, alleging that his "due process" rights were violated by an order of the Board of Parole and Post-Prison Supervision (Board) denying him parole. The trial court dismissed the petition. We find no error.
Plaintiff's allegation that the Board relied on "faulty information" in the psychological report related only to collateral facts; he did not challenge facts reaching the substance of the report. His allegations that the Board discounted the weight of the evidence in his favor, failed to consider whether he could be controlled, and rejected his release plan are challenges to determinations within the discretion of the Board. It is unclear what plaintiff is alleging by his assertion that ORS 144.125(3)(a) does not provide "guidance" because it does not show what the Board "expects of plaintiff to qualify for release." The statute does provide a standard, and plaintiff did not allege that the Board applied the wrong version of ORS 144.125 to his case. See Meadows v. Schiedler, 143 Or. App. 213, 924 P.2d 314 (1996). Even considering plaintiff's petition liberally, he failed to allege facts that showed that he is entitled to habeas corpus relief. Bedell v. Schiedler, 307 Or. 562, 770 P.2d 909 (1989).
Affirmed.