Laing v. Psychiatric Security Review Board

Petitioner seeks judicial review of a Psychiatric Security Review Board (PSRB) order denying his request for discharge or conditional release.1 PSRB based its denial on its determination that petitioner suffers from a mental disease or defect, specifically, alcohol dependence, and that he presents a danger to others as a result. See ORS 161.346(1)(c). As we explain, our recent decision in Beiswenger v. PSRB, 192 Or App 38, 84 P3d 180 (2004), is controlling on whether alcohol dependence is a mental disease or defect. We also conclude that, in this case, judicial estoppel does not apply. We…