Engweiler v. Persson
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In consolidated cases, plaintiff sought immediate release from prison. In his case against the superintendent of the institution in which he was incarcerated, plaintiff sought habeas corpus relief on the ground that the Board of Parole and Post-Prison Supervision set a release date for him in 2018, but, when his earned sentence reduction credits were taken into account, his release date has passed; therefore, his continued incarceration was unlawful. In his administrative rule challenge, plaintiff argued that, to the extent that certain Department of Corrections (DOC) rules pertaining to the granting of earned-time sentence reductions are construed to exclude him from eligibility for such reductions, they are invalid. Upon review, the Supreme Court concluded that plaintiff was entitled to have his term of incarceration reduced by earned-time credits, but he was not entitled to habeas corpus relief, because the board had not yet performed its prerelease functions under ORS 144.125. The Court found it unnecessary to address plaintiff's rule challenge. Accordingly, the Court dismissed plaintiff's petitions in both cases.
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