# McGowan v. Psychiatric Security Review Board

> Court of Appeals of Oregon · March 5, 1997 · 146 Or. App. 774

URL: https://www.frixlaw.com/law-library/cases/6942840

## Case

- **Full name:** MATTHEW McGOWAN v. PSYCHIATRIC SECURITY REVIEW BOARD
- **Court:** Court of Appeals of Oregon
- **Decided:** March 5, 1997
- **Citations:** 146 Or. App. 774; 934 P.2d 609; 1997 Ore. App. LEXIS 203
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** Landau, Leeson, Riggs
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6942840

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6942840. Public record. Not legal advice.
