Garcia v. Psychiatric Security Review Board

Petitioner seeks judicial review of a final order of the Psychiatric Security Review Board (PSRB) that revoked his conditional release. We reverse and remand.

PSRB held a hearing on July 26,1991. It found that petitioner was affected by a mental disease or defect and ordered his conditional release revoked. He contends that PSRB’s finding that he suffered from a mental disease or defect at the time of the hearing is not supported by substantial evidence.

The finding was based on Exhibits 12,13 and 17 and the testimony of Dr. Balsamo. Those exhibits were prepared between nine months and one year…