Bloss v. Rogers

Ohio Supreme Court

Bloss v. Rogers

602 N.E.2d 602, 65 Ohio St. 3d 145, 1992 Ohio LEXIS 2897

CourtOhio Supreme Court

DecidedDecember 9, 1992

DocketNo. 92-215

StatusPublished

Cited by149 cases

This text of 602 N.E.2d 602 (Bloss v. Rogers) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bloss v. Rogers, 602 N.E.2d 602, 65 Ohio St. 3d 145, 1992 Ohio LEXIS 2897 (Ohio 1992).

Pincite

Opinion

Per Curiam.

Appellant claims it is unconstitutional to revoke a mentally ill person’s parole for violations caused by his mental illness. The court of appeals reached the correct conclusion when it dismissed appellant’s complaint [146]*146for failure to comply with R.C. 2725.04(D). These commitment papers are necessary for a complete understanding of the petition. Without them, the petition is fatally defective. When a petition is presented to a court that does not comply with R.C. 2725.04(D), there is no showing of how the commitment was procured and there is nothing before the court on which to make a determined judgment except, of course, the bare allegations of petitioner’s application. In re Petition for Writ of Habeas Corpus of Wells (Jan. 27, 1984), Lucas App. No. L-84-015, unreported, 1984 WL 4214.

The judgment of the court of appeals is affirmed.

Judgment affirmed.

Moyer, C.J., Sweeney, Holmes, Douglas, Wright, H. Brown and Resnick, JJ., concur.

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Per Curiam.

Appellant claims it is unconstitutional to revoke a mentally ill person’s parole for violations caused by his mental illness. The court of appeals reached the correct conclusion when it dismissed appellant’s complaint [146]*146for failure to comply with R.C. 2725.04(D). These commitment papers are necessary for a complete understanding of the petition. Without them, the petition is fatally defective. When a petition is presented to a court that does not comply with R.C. 2725.04(D), there is no showing of how the commitment was procured and there is nothing before the court on which to make a determined judgment except, of course, the bare allegations of petitioner’s application. In re Petition for Writ of Habeas Corpus of Wells (Jan. 27, 1984), Lucas App. No. L-84-015, unreported, 1984 WL 4214.

The judgment of the court of appeals is affirmed.

Judgment affirmed.

Moyer, C.J., Sweeney, Holmes, Douglas, Wright, H. Brown and Resnick, JJ., concur.

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Bluebook (online)

602 N.E.2d 602, 65 Ohio St. 3d 145, 1992 Ohio LEXIS 2897, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bloss-v-rogers-ohio-1992.

Opinion

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