Opinion

McGowan v. Psychiatric Security Review Board

  • 146 Or. App. 774
  • 934 P.2d 609
  • 1997 Ore. App. LEXIS 203
Court
Court of Appeals of Oregon
Filed
Mar 5, 1997
Status
Published
On the bench
Landau, Leeson, Riggs
Cited by
0 cases
Authority
More cited than 17.2%

The opinion

PER CURIAM

Petitioner sought review of a final order of the Psychiatric Security Review Board (PSRB) finding him under PSRB’s continued jurisdiction, arguing that there was not substantial evidence to support PSRB’s finding that he represents a substantial danger to others. We affirmed without opinion. McGowan v. PSRB, 139 Or App 600 , 911 P2d 1289 (1996). The Supreme Court vacated and remanded our decision in the light of Drew v. PSRB, 322 Or 491 , 909 P2d 1211 (1996). McGowan v. PSRB, 324 Or 17 , 920 P2d 153 (1996).

On de novo review, we conclude that, as in Drew , the record “contains substantial evidence that could support PSRB’s finding that petitioner was a substantial danger to others.” Drews, 322 Or at 499 . However, also as in Drew , PSRB did not “connect its decision to that evidence,” id., and that failure to connect the facts and the holding is fatal to the order. Id. at 500-01 .

Reversed and remanded for reconsideration.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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