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Murphy v. Laney

United States District Court, D. Oregon

November 18, 2019

ROBERT DOYLE MURPHY, Petitioner,
v.
GARRETT LANEY, Respondent.

          Robert Doyle Murphy Oregon State Correctional Institution Petitioner, Pro Se

          Ellen F. Rosenblum, Attorney General James M. Aaron, Assistant Attorney General Department of Justice Attorneys for Respondent

          FINDINGS AND RECOMMENDATION

          John Jelderks United States Magistrate Judge.

         Petitioner brings this habeas corpus case pursuant to 28 U.S.C. § 2254 challenging the Oregon Board of Parole and Post-Prison Supervision's (“Board's”) 2016 decision deferring his release for 24 months. For the reasons that follow, the Petition for Writ of Habeas Corpus (#1) should be denied.

         BACKGROUND

         In 1976, Petitioner was convicted of Murder and sentenced to life in prison with the possibility of parole. In 2007, the Board released him to parole which it revoked the following year, finding that he could not be adequately controlled in the community. Respondent's Exhibit 103, p. 291.

         The Board released Petitioner to parole again in 2012, but a November 10, 2015 arrest prompted the Board to once again revoke his parole. The Board held a future disposition hearing on March 15, 2016 where it concluded that Petitioner could not be adequately controlled in the community. It therefore denied him re-release to parole and set a new parole release date of November 9, 2017. Respondent's Exhibit 103, pp. 291-92.

         Petitioner administratively appealed the Board's actions, but the Board adhered to its decision. Petitioner next sought judicial review, but the Oregon Court of Appeals affirmed the Board's decision without issuing a written opinion, and the Oregon Supreme Court denied review. Murphy v. Board of Parole and Post-Prison Supervision, 291 Or.App. 250, 416 P.3d 1106, rev. denied, 363 Or. 390, 434 P.3d 33 (2018).

         Petitioner filed this 28 U.S.C. § 2254 habeas corpus case on September 21, 2018 and argues three due process claims:

1. The Board's decision not to continue his release was arbitrary and capricious insofar as the Board based its decision on the wrong rules and stale psychological evaluations, and did not connect its facts with its conclusions;
2. The Board improperly deferred his release for 24 months when it relied upon evidence that lacked indicia of reliability and denied him the opportunity to be heard; and
3. The Board did not base its decision to defer his release to parole on “some evidence.”

         Respondent asks the Court to deny relief on the Petition because the underlying decision denying relief is neither contrary to, nor an unreasonable ...


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