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48 Ohio St. 2d 185

In re Moore

Ohio Supreme Court

Decided December 15, 1976

Ohio Supreme Court · decided 1976-12-15

Relies on In re Larkins

Decided 1976-12-15

Per Curiam.

¶1Following appellant’s escape, he was discharged from the rolls of the hospital where he had been temporarily committed. The Court of Appeals was correct, therefore, in dismissing appellant’s amended petition for a writ of habeas corpus, on the ground of mootness, because appellant was voluntarily absent from the hospital from which he sought release.*

¶2Moreover, there is nothing in the record to support, appellant’s allegation of a claimed denial of effective assistance of counsel. In re Larkins (1976), 48 Ohio St. 2d 21.

¶3Accordingly, the judgment of the Court of Appeals dismissing appellant’s amended petition for a writ of ha-beas corpus is affirmed.

¶4Judgment affirmed.

O’Neill, C. J., HbRbbet, Cosrigaw, Steen, Celebeezze, W. Beown and P. Beown, JJ., concur.

¶5Following the Court of Appeals’ dismissal of appellant’s amended petition for a writ of habeas corpus, appellant was ordered temporarily hospitalized in the Cincinnati veterans hospital after a finding by the court that there was probable cause to believe that he was mentalljr ill. That commitment is not, however, before his court.

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