MAHURIN v. BOGARD

No. 81-65.

613 S.W.2d 826 (1981)

Steven A. MAHURIN, Petitioner, v. Honorable David BOGARD, Judge, Pulaski County Probate Court, Third Division and Dr. James L. Thomas, Commissioner of Mental Health, Arkansas State Hospital, Respondents.

Supreme Court of Arkansas.

April 13, 1981.


Attorney(s) appearing for the Case

William R. Simpson, Jr., Public Defender, by Kelly Carithers and Robert J. Price, Little Rock, for petitioner.

Wilbur C. Bentley, Pros. Atty., Little Rock, Sixth Judicial Dist. by Larry D. Vaught and Steve Clark, Atty. Gen., Little Rock, for respondents.


PER CURIAM.

Petitioner was involuntarily committed to the Arkansas State Hospital and asks this Court to free him by a writ of habeas corpus or by a writ of mandamus ordering respondent Probate Judge David Bogard to set him free.

On March 19, 1981, Act 593 of 1981 became effective. Section 5(b)(2) provides that the presence of a respondent to an involuntary commitment need not be required at the initial, or probable cause hearing, if the trial judge makes...

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