In re Popp

Two fundamental questions are presented in this appeal: (1) Should a petition for a writ of habeas corpus he dismissed because the petitioner has *144been released from confinement? If the answer is negative, (2) does an indigent have the right to conrt-appointed counsel in hearings pursuant to R. 0. 5122.15 where he may be confined to a mental institution?

Regarding the issuance of a writ, this court has held that “the purpose of a proceeding in habeas corpus is to inquire into the legality of the present restraint of the prisoner.” Page v. Green (1963), 174 Ohio St. 178. Since the filing of…