McGowan v. Psychiatric Security Review Board
This text of 934 P.2d 609 (McGowan v. Psychiatric Security Review Board) is published on Counsel Stack Legal Research, covering Court of Appeals of Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
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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Cite This Page — Counsel Stack
934 P.2d 609, 146 Or. App. 774, 1997 Ore. App. LEXIS 203, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcgowan-v-psychiatric-security-review-board-orctapp-1997.