Campbell v. Watkins

Ohio Supreme Court

Campbell v. Watkins

311 N.E.2d 658, 38 Ohio St. 2d 197, 67 Ohio Op. 2d 206, 1974 Ohio LEXIS 443

CourtOhio Supreme Court

DecidedMay 22, 1974

DocketNo. 73-780

StatusPublished

This text of 311 N.E.2d 658 (Campbell v. Watkins) 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

Campbell v. Watkins, 311 N.E.2d 658, 38 Ohio St. 2d 197, 67 Ohio Op. 2d 206, 1974 Ohio LEXIS 443 (Ohio 1974).

Pincite

Opinion

Per Curiam.

This case falls within the purview of Jackson v. Indiana (1972), 406 U. S. 715, and Burton v. Reshetylo (1974), 38 Ohio St. 2d 35.

Since petitioner is unlikely to be able to stand trial in the foreseeable future he is entitled to be released in accordance with the procedures outlined in Burton, in which the court stated at page 48: “* * * the Common Pleas Court should release the person into the custody of the Probate Court pursuant to R. C. 5122.35.”

Therefore the writ of habeas corpus is allowed, and petitioner is released from custody of the respondent and is returned to the Probate Division of the Court of Common Pleas of Cuyahoga County for proceedings pursuant to R. C. 5122.35.

Writ allowed.

O’Neill, C. J., Herbert, CorrigaN, SterN, Cblebrezze, W. BrowN and P. BrowN, JJ., concur.

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