VON LUCE v. RANKIN

No. 79-228.

588 S.W.2d 445 (1979)

Anne Kay VON LUCE, Appellant, v. Robert M. RANKIN, Commissioner of Mental Health Services, Arkansas State Hospital, Appellee.

Supreme Court of Arkansas, In Banc.

October 29, 1979.


Attorney(s) appearing for the Case

Griffin J. Stockley and James R. Cromwell, Little Rock, for appellant.

Steve Clark, Atty. Gen. by Paul N. Means, Jr., Asst. Atty. Gen., Little Rock, for appellee.


PURTLE, Justice.

This is an appeal from the denial of a Petition for a Writ of Habeas Corpus in the Pulaski County Chancery Court. Appellant was admitted to the state hospital as a voluntary patient by her guardian and subsequently sought release through a petition for habeas corpus. The chancery court refused to grant the petition because the guardian was not a party to the proceeding.

The question to be determined is whether a guardian may voluntarily confine...

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