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BEISWENGER v. PSRB

88-1003; A118136.

84 P.3d 180 (2004)

192 Or. App. 38

Craig Norman BEISWENGER, Petitioner, v. PSYCHIATRIC SECURITY REVIEW BOARD, Respondent.

Court of Appeals of Oregon.

Decided February 4, 2004.

Attorney(s) appearing for the Case

Harris S. Matarazzo filed the brief for appellant.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Katherine H. Waldo, Assistant Attorney General, filed the brief for respondent.

Before LANDAU, Presiding Judge, and ARMSTRONG and BREWER, Judges.

LANDAU, P.J.

Petitioner seeks judicial review of an order of the Psychiatric Security Review Board (PSRB or the board) denying his request for conditional release. We reverse and remand for further proceedings.

I. STATUTORY BACKGROUND

A brief review of the relevant statutes and rules will aid in understanding the facts and arguments in proper context. ORS 161.295 provides:

"(1) A person is guilty except for insanity if, as a result of mental...

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