Townsend v. McAvoy

Ordinarily, habeas corpus may not be used as a substitute for appeal to challenge the involuntary commitment of an individual pursuant to R.C. 5122.15. Youngs v. Rogers (1981), 65 Ohio St. 2d 27 [19 O.O.3d 223]. However, habeas corpus may be used when challenging the jurisdiction of the court which ordered confinement, regardless of the availability of appeal. In re Lockhart (1952), 157 Ohio St. 192 [47 O.O. 129]. As petitioner is challenging the jurisdiction of the committing court, habeas corpus is an appropriate remedy.

R.C. 2945.40(A) provides that if a person is found not guilty by reason…