- Court: Oregon Court of Appeals
- Area(s) of Law: Criminal Law
- Date Filed: 05-18-2022
- Case #: A166292
- Judge(s)/Court Below: Brewer, S.J. for the Court; Ortega, P.J.; & Aoyagi, J.
- Full Text Opinion
Atkinson sought judicial review of the Board of Parole and Post-Prison Supervision’s (“the Board”) 2017 deferral of his parole release date. Atkinson assigned error to the Board’s conclusion that he had a present severe emotional disturbance (PSED), which rendered him a danger to the community. Atkinson was released from custody while this review was pending. The Board then filed a motion to dismiss on the grounds that it was moot because of Atkinson’s release. In response, Atkinson argued the case is not moot and dismissing it would permit the Board to extend his period of active supervision beyond what the law allows without holding a revocation hearing. The mere possibility that petitioner’s parole status could have changed from active to inactive at an earlier date is not a legally sufficient collateral consequence that would prevent dismissal of the case. Smith v. Board of Parole, 305 Or App 773, 776, rev den, 367 Or 387 (2020). A reversal of the Board’s 2017 decision to defer Atkinson’s release on parole would not have the effect of changing his parole status from active to inactive at an earlier date. Petition for judicial review dismissed as moot.