Holderbaum v. Watkins

The form in which this appeal reached the court prevents our consideration of two important issues. They are, first, whether R. C. 2945.-39’s continuing presumption of insanity, of one found not guilty by reason of insanity, is constitutional; and second, whether a conditional release pursuant to a writ of habeas corpus is constitutional.

I

Appellee did not challenge that portion of R. C. 2945.-39 which provides for indefinite confinement because of a continuing presumption of insanity. Had such a contention been made, it is clear that this portion of the statute is unconstitutional.

In Baxstrom…