State Ex Rel. Dixon v. Gold

Matia, Presiding Judge.

Petitioner avers that he is restrained as an inmate at the Dayton Forensic Center by order of the Court of Common Pleas of Cuyahoga County. He was found not guilty by reason of insanity of attempted murder on July 27, 1981. Although R.C. 5122.15(H) requires a hearing as to the issue of an inmate’s mental capacity within ninety days of the hearing finding the inmate mentally ill, petitioner did not receive a hearing until February 24, 1982.

Petitioner requests that he be discharged from his confinement.

R.C. 2725.03 provides:

“If a person restrained of his liberty is an…