|CALENDAR STATUS: Active|
|Michael W. Jenkins v. Board of Parole and Post-Prison Supervision|
|Supreme Court Case 3|
|Doug Petrina on behalf of Board of Parole and Post-Prison Supervision|
Stephanie Hortsch on behalf of Michael Wayne Jenkins
Statement of Issues:
|Michael W. Jenkins v. Board of Parole and Post-Prison Supervision (S061812) (A144545) (on review from the Board of Parole and Post-Prison Supervision; opinion reported at 258 Or App 430, 309 P3d 1115 (2013)).|
The Board of Parole and Post-Prison Supervision (board) has been granted review of a divided Court of Appeals decision that reversed and remanded a board order on the basis that the board's order lacked substantial reason.
On review, the issues are:
(1) Is the board subject to the "substantial reason" doctrine, which requires agency orders to provide reasoning that articulates a connection between the evidence considered and the agency's ultimate legal conclusion?
(2) If the board is subject to the "substantial reason" requirement, is that requirement satisfied if a board order makes reference to the source of evidence supporting its ultimate legal conclusion?
The foregoing summary of a Supreme Court case that is scheduled for oral argument has been prepared for the benefit of the public. Parties and practitioners should rely on neither the factual summary set out above, nor the statement of issues to be decided, as delineating the questions that the Supreme Court ultimately may consider on review. See generally Oregon Rule of Appellate Procedure 9.20.
Justice(s) NOT Participating: