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ASHCROFT v. PSRB

PSRB 00-1711; CA A118137; SC S51508.

111 P.3d 1117 (2005)

338 Or. 448

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

Supreme Court of Oregon, En Banc.

Decided May 5, 2005.

Attorney(s) appearing for the Case

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

Harris S. Matarazzo, Portland, argued the cause and filed the brief for respondent on review.

BALMER, J.

The issue in this case is whether, for purposes of ORS 161.295, alcohol dependence is a "mental disease or defect" or, instead, is a "personality disorder." The Court of Appeals held that it was a personality disorder. For reasons that this court set out at greater length in Tharp v. PSRB, 338 Or. 413, 110 P.3d 103 (2005), we similarly conclude that alcohol dependence is a personality...

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