Mueller v. Psychiatric Security Review Board

937 P.2d 1028, 325 Or. 332, 1997 Ore. LEXIS 42
CourtOregon Supreme Court
DecidedMay 30, 1997
DocketPSRB 85-751; CA A82643; SC S42936
StatusPublished
Cited by14 cases

This text of 937 P.2d 1028 (Mueller v. Psychiatric Security Review Board) is published on Counsel Stack Legal Research, covering Oregon Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mueller v. Psychiatric Security Review Board, 937 P.2d 1028, 325 Or. 332, 1997 Ore. LEXIS 42 (Or. 1997).

Opinions

[334]*334GRABER, J.

A trial court committed petitioner to the jurisdiction of the Psychiatric Security Review Board (PSRB) in 1985. At a hearing before the PSRB in November 1993, petitioner sought discharge or conditional release. The PSRB concluded that petitioner was affected by a mental disease or defect and that he presented a substantial danger to others. Based on those conclusions, the PSRB denied petitioner’s request for discharge. Additionally, the PSRB denied petitioner’s request for conditional release on the basis that the necessary treatment and supervision were not available. The Court of Appeals affirmed the order without opinion. Mueller v. PSRB, 134 Or App 671, 896 P2d 18 (1995). We reverse the decision of the Court of Appeals, vacate the PSRB’s order, and remand the case to the PSRB for reconsideration.

Petitioner, now 30 years old, has spent most of the years since he was 10 in state hospitals and institutions. His current confinement resulted from acts that he committed in 1984, when he was 18 years old. Petitioner broke into a neighbor’s house, stole some record albums, and vandalized the premises. In January 1985, a trial court found petitioner guilty except for insanity of first-degree burglary. Placing petitioner under the PSRB’s jurisdiction for a period not to exceed 20 years, the court conditionally released petitioner in February 1985. In making its decision, the court relied, in part, on a psychiatrist’s report based on an evaluation of petitioner performed at the jail in December 1984.1 The psychiatrist diagnosed petitioner as suffering from “[s]chizo-affective disorder, meaning that he has mood swings and also has a thought disorder,” on Axis I; “[b]orderline personality disorder, meaning that he lives in a state of considerable emotional instability,” on Axis II; and “[c]erebral palsy which is longstanding and manifested by spasticity of his arms and legs,” on Axis III.2

[335]*335The PSRB revoked petitioner’s conditional release on July 23, 1985, after petitioner tried to strangle his 16-year-old brother. Petitioner was committed to Oregon State Hospital (OSH), where he was diagnosed on July 24,1985, as suffering from childhood onset pervasive developmental disorder, residual, on Axis I; borderline personality disorder, on Axis II; and cerebral palsy, on Axis III.

A physician noted in 1988 that “the most suitable diagnoses for [petitioner] remain unclear” and that petitioner has been given a variety of possible diagnoses over the years. In 1989, an OSH physician diagnosed petitioner as suffering from an organic personality disorder, on Axis I; personality disorder, not otherwise specified, with borderline and antisocial traits, on Axis II; and speech impediment, on Axis III. Similar diagnoses have been repeated throughout the remainder of petitioner’s confinement, except that the subsequent Axis III diagnosis has been cerebral palsy.

At the PSRB hearing in November 1993, petitioner asked to be discharged or conditionally released or, in the alternative, to be evaluated by a community mental health agency.3 The hearing was held pursuant to ORS 161.341(4),4 and the state had the burden of proving that petitioner should remain under the PSRB’s jurisdiction. ORS 161.341(5). Petitioner and Dr. Jobe, his treating physician since 1990, were the only witnesses at that hearing. In his [336]*336last progress note update, dated November 18, 1993, Jobe diagnosed petitioner as having an organic personality disorder, on Axis I; personality disorder, not otherwise specified, with borderline and antisocial traits, on Axis II; and cerebral palsy, on Axis III.

Jobe testified that he preferred the diagnosis of “organic personality disorder” over the diagnosis of pervasive developmental disorder that initially was assigned to petitioner. He explained that the organic etiology of the organic personality disorder is cerebral palsy at birth. Jobe further testified that petitioner’s organic personality disorder impairs his judgment and makes him impulsive and that, because of the organic etiology, petitioner “will always suffer these impairments.” Jobe testified that petitioner would present a substantial danger to others if he were discharged and that he would need a supervised, 24-hour facility if he were released conditionally. Petitioner testified briefly about his janitorial job and promised to obey the rules if he were released conditionally.

In an order dated December 1,1993, the PSRB made the following findings of fact:

“2. [Petitioner] is affected by a mental disease or defect as demonstrated by the underlying facts shown by the evidence including the testimony of David Jobe, M.D. at the hearing as well as information contained in [particular exhibits].
“3. [Petitioner], without adequate supervision and treatment, would continue to present a substantial danger to others as demonstrated by the underlying facts shown by the evidence including the testimony of David Jobe, M.D., at the hearing as well as the information contained in [particular exhibits].
>{: * * *
“5. [Petitioner] could be adequately controlled and treated in the community if he were conditionally released. This finding is based upon the testimony of David Jobe,
[337]*337M.D. at the hearing as well as the information contained in [an exhibit]

The PSRB concluded as a matter of law that:

“1. [Petitioner], being affected by a mental disease or defect which, when active, renders him a substantial danger to others, is under the jurisdiction of the Psychiatric Security Review Board.
“2. [Petitioner] is a proper subject for conditional release, however, the supervision and treatment necessary are not currently available in the community; therefore, it would not be in the best interest of justice and the protection of society to release him at this time.”

The PSRB retained jurisdiction over petitioner pursuant to ORS 161.346(1) and ordered that a community mental health agency designated by OSH staff evaluate him for possible conditional release placement in an appropriate program.

As noted, petitioner appealed the order to the Court of Appeals, which affirmed without a written opinion. We allowed petitioner’s petition for review.

Petitioner argues that the record lacks substantial evidence to support the PSRB’s finding that he suffers from a mental disease or defect. We address his argument in two parts. First, because petitioner was diagnosed with an organic personality disorder at the time of his PSRB hearing, we address whether that condition constitutes a mental disease or defect. Second, we discuss whether the record contains substantial evidence to support a finding that petitioner has an organic personality disorder.

The legislature has not defined the term “mental disease or defect” directly.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

In re N.R.
California Supreme Court, 2023
State v. A. B. K.
522 P.3d 894 (Court of Appeals of Oregon, 2022)
Bert Brundige, LLC v. Dept. of Rev.
23 Or. Tax 353 (Oregon Tax Court, 2019)
Comcast Corp. v. Department of Revenue
337 P.3d 768 (Oregon Supreme Court, 2014)
Comcast Corp. v. Dept. of Rev.
Oregon Supreme Court, 2014
Pratt v. Armenakis
112 P.3d 371 (Court of Appeals of Oregon, 2005)
Tharp v. Psychiatric Security Review Board
110 P.3d 103 (Oregon Supreme Court, 2005)
Beiswenger v. Psychiatric Security Review Board
84 P.3d 180 (Court of Appeals of Oregon, 2004)
Hanson v. Psychiatric Security Review Board
19 P.3d 350 (Oregon Supreme Court, 2001)
Hanson v. Psychiatric Security Review Board
965 P.2d 1051 (Court of Appeals of Oregon, 1998)
Mueller v. Psychiatric Security Review Board
937 P.2d 1028 (Oregon Supreme Court, 1997)

Cite This Page — Counsel Stack

Bluebook (online)
937 P.2d 1028, 325 Or. 332, 1997 Ore. LEXIS 42, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mueller-v-psychiatric-security-review-board-or-1997.