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EINSTEIN v. PSYCHIATRIC SECURITY REVIEW BOARD

961429; A132659.

202 P.3d 284 (2009)

226 Or. App. 39

Herbert Roger EINSTEIN, Petitioner, v. PSYCHIATRIC SECURITY REVIEW BOARD, Respondent.

Court of Appeals of Oregon.

Decided February 18, 2009.

Attorney(s) appearing for the Case

Harris S. Matarazzo filed the brief for petitioner.

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

Before EDMONDS, Presiding Judge, and WOLLHEIM, Judge, and SERCOMBE, Judge.

EDMONDS, P.J.

Petitioner seeks review of an order of the Psychiatric Security Review Board (PSRB) that continued his commitment at the Oregon State Hospital. The board found that petitioner's previously diagnosed psychotic disorder had not resolved, as petitioner's treating psychiatrist testified, but rather was in remission. See ORS 161.351(2) (providing that "a person affected by a mental disease or defect in a state of remission is considered to have a mental...

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