Russell L. O'Bremski v. Manfred Maass, Superintendent, Oregon State Penitentiary

Russell L. Obremski (Obremski), a state prisoner, appeals from the dismissal of his petition filed pursuant to 28 U.S.C. § 2254 . Before this court Obremski argues that his petition stated two valid constitutional claims: (1) the Oregon Board of Parole (Board) failed to act as an impartial tribunal in violation of his right to due process; and (2) the Board was estopped from postponing his release date of March 8, 1987.

STATEMENT OF THE CASE

Obremski was convicted of two counts of first-degree murder and sentenced to serve concurrent life sentences in 1969. At the time of his conviction, the Board was operating under a law that gave it complete discretion to set parole release dates. Former Or.Rev.Stat. §§ 144.175-144.180 (repealed 1977); see Addicks v. State Bd. of Parole, 63 Or.App. 409 , 411-12 & n. 1, 663 P.2d 1310 , 1311 & n. 1 (1983).

In 1977, the Oregon Legislature adopted a “matrix” system for setting release dates. Or.Rev.Stat. §§ 144.120, 144.780 (1989). The matrix system required the Board to follow certain administrative rules in establishing firm release dates, which could be altered only under certain specified conditions. Or.Rev.Stat. § 144.785(1) (1989). The…