Opinion
No. 76-367
Decided October 27, 1976.
Habeas corpus — Mentally ill — Commitment — Habeas corpus petition dismissed, when — Allegations not supported.
APPEAL from the Court of Appeals for Hamilton County.
Appellant, Linda Larkins, while represented by appointed counsel, was temporarily committed by the Probate Division of the Court of Common Pleas of Hamilton County to Christ Hospital in Cincinnati pursuant to a finding that there was probable cause to believe that she was mentally ill. (R.C. 5122.15.)
Shortly thereafter, appellant's amended petition for a writ of habeas corpus was filed in the Court of Appeals.
A few days later, appellant was discharged from the hospital, and, subsequently, the commitment proceedings were dismissed by the Probate Division of the Court of Common Pleas.
On motion of the hospital, the Court of Appeals dismissed the petition for writ of habeas corpus.
An appeal as of right brings the cause to this court for review.
Ms. Eugenia Hauber, Mr. Robert B. Newman and Ms. Janet R. Eaton, for appellant.
Messrs. Nippert Nippert and Mr. Louis Nippert, for appellee, Christ Hospital.
Appellant's amended petition for a writ of habeas corpus seeks release on the ground of a claimed denial of due process because of the alleged inadequate representation by counsel at the time of appellant's commitment.
There is nothing in the record of this habeas corpus proceeding before the Court of Appeals to support the claims made by appellant.
The judgment of the Court of Appeals dismissing appellant's amended petition in habeas corpus is, accordingly, affirmed.
Judgment affirmed.
O'NEILL, C.J., HERBERT, CORRIGAN, STERN, CELEBREZZE, W. BROWN and P. BROWN, JJ., concur.