THARP v. PSYCHIATRIC SEC. REVIEW BD.

(PSRB 99-1640; CA A115750; SC S51046).

110 P.3d 103 (2005)

338 Or. 413

Roderick Dolan THARP, Petitioner on Review, v. PSYCHIATRIC SECURITY REVIEW BOARD, Respondent on Review.

Supreme Court of Oregon, En Banc.

Decided April 14, 2005.


Attorney(s) appearing for the Case

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

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


BALMER, J.

This case requires us to determine whether, for purposes of ORS 161.295, substance dependency is a "mental disease or defect," or, instead, is a "personality disorder." Petitioner, who had been placed under the jurisdiction of the Psychiatric Security Review Board (board) and committed to the state hospital, requested discharge on the ground that he no longer was affected by a mental disease or defect. The board...

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