Court of Appeals of Oregon August 4, 2004, 00C20058, 01C19972 A116149 (Control), A117045 (Roy v. Palmateer)

ARMSTRONG, J.,

concurring in part and dissenting in part.

The majority concludes that the trial court erred in dismissing the writ of habeas corpus in this case because petitioner is entitled to be released on parole on his life sentence for aggravated murder. According to the majority, Norris v. Board of Parole, 331 Or 194, 13 P3d 104 (2000), cert den, 534 US 1028 (2001), compels that conclusion.