Miller v. Gladden
| Decision Date | 31 December 1962 |
| Citation | 233 Or. 174,377 P.2d 165 |
| Parties | Harley W. MILLER, Appellant, v. C. T. GLADDEN, Warden of the Oregon State Penitentiary, Respondent. |
| Court | Oregon Supreme Court |
Appellant filed briefs in pro. per.
Robert Y. Thornton, Atty. Gen., Salem, and C. L. Marsters, Asst. Atty. Gen., Salem, filed a brief for respondent.
Before McALLISTER, C. J., and ROSSMAN, WARNER, PERRY, SLOAN, O'CONNELL and GOODWIN, JJ.
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 In 1961 the parole was revoked and petitioner was returned to confinement.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 read:
'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, 74 Adv.Sh. 1053, 373 P.2d 417.
The order of the trial court is affirmed.
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Miller v. Gladden
...Greenwood v. Gladden, 231 Or. 396, 373 P.2d 417 (1962). Also, petitioner's own case before the Oregon Supreme Court, Miller v. Gladden, 233 Or. 174, 377 P.2d 165 (1962). A similar Federal statute2 has been construed against petitioner's contention. Taylor v. Squier, 142 F.2d 737 (9 Cir. 194......
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Miller v. Gladden
...Court, Marion County, denied his application for a writ and this action was affirmed by the Supreme Court of Oregon. Miller v. Gladden, 233 Or. 174, 377 P.2d 165.1 A few months after the Oregon Supreme Court had ruled against him Miller filed, in the district court, the application for a wr......
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Perkey v. Psychiatric Sec. Review Bd.
...power to determine the liability of relatives for contribution to support of persons receiving old age assistance); Miller v. Gladden, 233 Or. 174, 377 P.2d 165, cert. den. 373 U.S. 942, 83 S.Ct. 1549, 10 L.Ed.2d 697 (1962) (statute provided that a prisoner recommitted for violation of paro......