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IN RE ELMORE

No. 83AP-362.

13 Ohio App. 3d 79 (1983)

IN RE ELMORE, ALLEGED MENTALLY RETARDED.

Court of Appeals of Ohio, Franklin County.

Decided October 25, 1983.

Attorney(s) appearing for the Case

Mr. Anthony J. Celebrezze, Jr., attorney general, Mr. J. Michael Evans, Mr. David J. Kovach, Mr. Michael Miller, prosecuting attorney, and Mr. William Reddington, for appellee Department of Mental Retardation and Developmental Disabilities.

Messrs. Hamilton, Kramer, Myers, Summers & Cheek and Mr. Robert V. Morris II, for appellant Joe Elmore, Jr.

Messrs. Chester, Hoffman & Willcox, Mr. John J. Chester and Mr. William K. Wilkinson, for amicus curiae, Balanced Mental Health Laws, Inc.

WHITESIDE, P.J.

Appellant, Joseph Elmore, Jr., appeals from a judgment of the Franklin County Court of Common Pleas, Division of Probate, finding him to be at least moderately mentally retarded and, because thereof, to represent a very substantial risk of physical impairment or injury to himself, pursuant to R.C. 5123.68(N)(1) (now R.C. 5123.01[L][1]), or that he needs and is susceptible to significant habilitation in an institution pursuant to R.C. 5123.68(N)(2)...

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