FORTUNE v. RESHETYLO

No. 72-702.

33 Ohio St. 2d 22 (1973)

FORTUNE v. RESHETYLO, SUPT.

Supreme Court of Ohio.

Decided March 14, 1973.


Attorney(s) appearing for the Case

Mr. M. Claude Sharf, for petitioner.

Mr. William J. Brown, attorney general, and Mr. Jeffrey L. McClelland, for respondent.


STERN, J.

The primary issue is whether a finding that a defendant who previously was committed to Lima has been sufficiently restored to reason so that he is capable of standing trial is sufficient to overcome the statutory presumption of continuing insanity resulting from a trial court's finding of not guilty by reason of insanity. We hold that it is not.

Petitioner was originally sent to Lima in accordance with R. C. 2945.40, which provides in part that...

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