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Miller v. Gladden

Miller v. Gladden, 377 P.2d 165 (Or. 1962)
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Court
Oregon Supreme Court · State Highest Courts
Decided
December 31, 1962
Judges
Bossman, Connell, Goodwin, McAllister, Perry, Sloan, Warner
Citations
377 P.2d 165233 Or. 1741962 Ore. LEXIS 490

Opinion of the Court

Text extracted by OCR from a scanned original; check the original for exact wording.

PER CURIAM.

This was a habeas corpus proceeding. In 1954 petitioner had been sentenced to a term of 15 years in the penitentiary upon conviction of the crime of burglary. In 1958 petitioner was released on parole. In 1961 the parole was revoked and petitioner was returned to confinement. Pursuant to ORS 144.390 the time spent on parole did not diminish the length of his sentence.

Petitioner claims ORS 144.390 attempts to vest judicial power in the State Board of Parole and Probation. He is wrong. The statute reads:

“A prisoner recommitted for violation of parole, conditional pardon or probation shall serve out his sentence, and the time during which he was out on parole is not a part thereof.”

The legislature has made the determination and the Board has no discretion. The statute is a proper exercise of legislative power. Greenwood v. Gladden, 1962, 373 P2d 417 .

The order of the trial court is affirmed.

How later courts describe this case

Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.

1964: 11965: 11983: 119642026peak 1964 · 1

Relies on it most ⓘ

  1. Harley W. Miller v. C. T. Gladden, Warden of the Oregon State Penitentiary341 F.2d 972 (9th Cir. 1965)
  2. Perkey v. Psychiatric Security Review Board670 P.2d 1061 (Or. Ct. App. 1983)
  3. Miller v. Gladden228 F. Supp. 802 (D. Or. 1964)

Most recent

  1. Perkey v. Psychiatric Security Review Board670 P.2d 1061 (Or. Ct. App. 1983)
  2. Harley W. Miller v. C. T. Gladden, Warden of the Oregon State Penitentiary341 F.2d 972 (9th Cir. 1965)
  3. Miller v. Gladden228 F. Supp. 802 (D. Or. 1964)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Greenwood v. Gladden, 373 P.2d 417 (Or. 1962) 3

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