Walton v. Board of Parole and Post-Prison Supervision

Judicial review of a "murder review" conducted by the Board of Parole and Post Prison Supervision is moot when the judicial review would have no practical effect on an inmate's release date.

Petitioner sought review of an order of the Board of Parole and Post Prison Supervision (The Board). Petitioner was convicted of two counts of aggravated murder, felony murder, and robbery and sentenced to death in 1988. In 1991 the Oregon Supreme Court affirmed petitioner’s convictions, but vacated the death sentence. On remand, petitioner was sentenced to consecutive life sentences. Petitioner petitioned the Board for a murder review hearing under ORS 163.105(2) which provides that after 20 years from the date of confinement, a prisoner may petition to determine if the prisoner is likely to be rehabilitated in a reasonable amount of time, and may convert the confinement to a life sentence with the possibility of parole. The Board concluded that petitioner was not eligible for a “murder review” hearing under ORS 163.105 in 2009, but could petition for such a hearing in 2011. In 2012 the Board held a murder review and determined that petitioner was not likely to be rehabilitated. Petitioner appealed, and the Court of Appeals determined that the success or failure of petitioner’s appeal would have no practical effect on his parole release date. Petition for judicial review dismissed as moot.