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ASHCROFT v. PSYCHIATRIC SECURITY REVIEW BOARD

00-01711; A118137.

86 P.3d 102 (2004)

192 Or. App. 467

Douglas Allen ASHCROFT, Petitioner, v. PSYCHIATRIC SECURITY REVIEW BOARD, Respondent.

Court of Appeals of Oregon.

Decided March 10, 2004.

Attorney(s) appearing for the Case

Harris S. Matarazzo argued the cause and filed the brief for petitioner.

Katherine H. Waldo, Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before HASELTON, Presiding Judge, and LINDER and ORTEGA, Judges.

LINDER, J.

Petitioner seeks review of an order of the Psychiatric Security Review Board (PSRB) denying his request for discharge or conditional release. Petitioner asserts that: (1) the record is insufficient to support PSRB's finding that he suffers from alcohol dependence; and (2) such a diagnosis is not a mental disease or defect within the meaning of ORS 161.295(2). We conclude that the record contains substantial evidence that petitioner suffers from alcohol...

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