United States Ninth Circuit
Hess v. Bd. of Parole & Post-Prison Supervision, 06-35963
Denial of a petition for habeas relief is affirmed over a claim that Oregon Revised Statute section 144.125(3) (1991), which allows the Parole Board to postpone petitioner's parole release date if it finds he has "a psychiatric or psychological diagnosis of a present severe emotional disturbance such as to constitute a danger to the health or safety of the community," is unconstitutionally vague.
Appellate Information
- Argued 11/08/2007
- Decided 01/29/2008
- Published 01/29/2008
Judges
- FISHER, Circuit Judge:, Before: RAYMOND C. FISHER and MARSHA S. BERZON, Circuit Judges, and JUDITH M. BARZILAY, Judge.
Court
- United States Ninth Circuit
Counsel
- For Appellant:
- Anthony D. Bornstein, Federal Public Defender's Office, Portland, OR, for the petitioner-appellant.
- For Appellees:
- Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, Carolyn Alexander (argued), Assistant Attorney General, Janet A. Metcalf, Assistant Attorney General, Office of the Oregon Attorney General, Salem, OR, for the respondent-appellee.