Shelby v. Board of Parole & Post-Prison Supervision
244 Or. App. 348
Or. Ct. App.2011Background
- Shelby was convicted in 1985 with indeterminate sentences on two counts; concurrent sentences max 20 years, ordered to run consecutively with 1984 sentences; began serving 1990; 1991 and 1998 convictions added consecutive prison terms to prior sentences; good time date August 28, 2005; board paroled in June 2005 but petitioner remained in prison to serve 1991 and 1998 sentences; board released him from prison in 2007 with PPS and parole conditions; parole expiration tied to 1985 indeterminate sentences August 2010; petitioner challenged board’s authority under Erbs
- board argued mootness since 1985 sentences expired; petitioner contends paroled before good time date so could not serve consecutive sentences; court denied mootness and reviewed merits
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the petition is moot after discharge | Shelby argues Erbs requires unconditional release at final good time date | Board says moot since 1985 sentences expired | Not moot; potential liability ongoing due to supervision fees and rights |
| Whether board had authority to impose parole on 1985 indeterminate sentences while serving consecutive sentences | Shelby contends he remained incarcerated so not released on the indeterminate sentences | Board released him on the 1985 sentences before good time date, retaining authority | Board had authority to continue parole until 2010 |
| Whether good time rules applied so paroled before good time date could affect expiration | Argues continued to earn good time on indeterminate sentence while serving consecutive sentences | Consecutive sentences prevent earning good time on prior sentence after parole | Petitioner did not continue to earn good time after parole; indeterminate sentences did not expire on good time date |
Key Cases Cited
- Erbs v. Board of Parole, 90 Or.App. 253 (1988) (good time and jurisdiction retained when released before good time date)
- Ventris v. Maass, 99 Or.App. 85 (1989) (board retains jurisdiction when released on parole before good time date)
- Roy v. Palmateer, 194 Or.App. 330 (2005) (consecutive sentences not run at same time; must be paroled on first sentence to serve next)
- Strawn v. Board of Parole, 217 Or.App. 542 (2008) (indeterminate sentence not discharged when released on parole to serve a consecutive sentence)
- Kowalski v. Board of Parole, 194 Or.App. 156 (2004) (review of board’s imposition of parole; errors of law standard)