Legal Opinion

Ealy v. Stewart

Ohio Supreme Court

Decided January 28, 2009No. 2008-1590Published

1Per curiam

{¶ 1} We affirm the judgment of the court of appeals dismissing the petition of Larry E. Ealy for a writ of habeas corpus challenging the involuntary civil commitment of his son because his son had an adequate remedy by way of appeal to raise his claims. See Youngs v. Rogers (1981), 65 Ohio St.2d 27, 19 O.O.3d 223, 417 N.E.2d 1250.

{¶ 2} Ealy’s reliance on R.C. 5122.30 does not warrant a different result. “While R.C. 5122.30 does provide for habeas corpus relief to persons who are detained pursuant to R.C. Chapter 5122, this court has consistently held that if a petitioner has an adequate…

2Cases cited3 opinions

  1. Everett v. EberlinOhio Supreme Court · 2007
  2. Youngs v. RogersOhio Supreme Court · 1981
  3. Roden v. HubbardOhio Supreme Court · 1981

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