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STATE v. LANZY

No. 90-147.

58 Ohio St. 3d 154 (1991)

THE STATE OF OHIO, APPELLEE, v. LANZY; WESTERN RESERVE PSYCHIATRIC HOSPITAL, APPELLANT.

Supreme Court of Ohio.

Decided March 27, 1991.

Attorney(s) appearing for the Case

Stephanie Tubbs Jones, prosecuting attorney, George J. Sadd, William J. Telzrow and Karen L. Johnson, for appellee.

Lee I. Fisher, attorney general, and David J. Kovach, for appellant.

Susan G. Tobin and S. Diane Nutter, urging reversal for amicus curiae, Ohio Legal Rights Service.

DOUGLAS, J.

The issue before us concerns the scope of a trial court's authority under R.C. 2945.40(F). Specifically, we are asked to decide whether a trial court, upon concluding that an insanity acquittee should be transferred to a less restrictive setting, has the authority to order that prior court approval be secured before the transferee may leave the facility's premises. We find, infra, that a trial court...

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