Holderbaum v. Watkins

Ohio Supreme Court

Holderbaum v. Watkins

328 N.E.2d 814, 42 Ohio St. 2d 372, 71 Ohio Op. 2d 333, 1975 Ohio LEXIS 504

CourtOhio Supreme Court

DecidedMay 28, 1975

DocketNo. 74-541

StatusPublished

Cited by4 cases

This text of 328 N.E.2d 814 (Holderbaum 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

Holderbaum v. Watkins, 328 N.E.2d 814, 42 Ohio St. 2d 372, 71 Ohio Op. 2d 333, 1975 Ohio LEXIS 504 (Ohio 1975).

Pincite

Opinions

Per Curiam.

R. C. 2945.39'provides that a release from confinement at Lima State Hospital, pursuant to a writ of habeas corpus, may be “final or on such conditions as the court may impose in the interests of protecting the health, safety, or welfare of the defendant or the public.” The Court of Appeals, finding appellee sane and not dangerous, granted him an unconditional release. This court will not disturb that factual determination.

Appellant construes the holding of the Court of Appeals as invalidating that portion of R. C. 2945.39 which makes possible a conditional release pursuant to a writ of habeas corpus. Because the Court of Appeals released appellee unconditionally, however, that court’s further determination as to the underlying validity of R. C. 2945.39 was unnecessary to its conclusion.

Judgment affirmed.

O’Neill, C. J., Herbert, Corrigan, Stern, Celebrezze, W. Brown and P. Brown, JJ., concur.

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