Burton v. Reshetylo

I

Initially, appellee filed a motion to dismiss with this court, alleging that the issues are now moot because petitioner is no longer in custody of the Lima State Hospital.

This court has dismissed actions in habeas corpus on the sole ground that a petitioner-appellant, or a petitioner in an action originally filed here, was no longer in the custody of his named respondent. McDonald v. Keiter, Sheriff (1971), 25 Ohio St. 2d 281; Smith v. Sacks (1961), 172 Ohio St. 59. The court has also dismissed such appeals and actions when it appeared that the petitioner had been released from all custody…