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Oregon Parole Increase Following Appeal Violates Due Process, Presumption of Vindictiveness Applies

Loaded on Feb. 15, 2005 published in Prison Legal News February, 2005, page 38
Filed under: Sentencing, Parole. Location: Oregon.
The Ninth Circuit Court of Appeals held that the imposition of a longer sentence imposed on remand after a successful appeal of an order of the Oregon Parole Board (Board) was presumptively vindictive and the Board failed to rebut the presumption of vindictiveness.

In 1986, George Nulph was convicted of …

 

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