In re Moore

Ohio Supreme Court December 15, 1976

In re Moore, 48 Ohio St. 2d 185 (Ohio 1976)

357 N.E.2d 1082; 2 Ohio Op. 3d 379; 1976 Ohio LEXIS 733

Beown, Celebeezze, Cosrigaw, Hbrbbet, Neill, Steen

Opinion of the Court

Per Curiam.

Following appellant’s escape, he was discharged from the rolls of the hospital where he had been temporarily committed. The Court of Appeals was correct, therefore, in dismissing appellant’s amended petition for a writ of habeas corpus, on the ground of mootness, because appellant was voluntarily absent from the hospital from which he sought release.*

Moreover, there is nothing in the record to support, appellant’s allegation of a claimed denial of effective assistance of counsel. In re Larkins (1976), 48 Ohio St. 2d 21.

Accordingly, the judgment of the Court of Appeals dismissing appellant’s amended petition for a writ of ha-beas corpus is affirmed.

Judgment affirmed.

O’Neill, C. J., HbRbbet, Cosrigaw, Steen, Celebeezze, W. Beown and P. Beown, JJ., concur.

Following the Court of Appeals’ dismissal of appellant’s amended petition for a writ of habeas corpus, appellant was ordered temporarily hospitalized in the Cincinnati veterans hospital after a finding by the court that there was probable cause to believe that he was mentalljr ill. That commitment is not, however, before his court.

Reference

Status: Published