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IN RE BURTON

No. 83-512.

11 Ohio St. 3d 147 (1984)

IN RE BURTON.

Supreme Court of Ohio.

Decided June 20, 1984.

Attorney(s) appearing for the Case

Messrs. Bailey, Houfek & Hoover and Mr. Douglas E. Hoover, for appellant George W. Burton.

Mr. Anthony J. Celebrezze, Jr., attorney general, and Mr. J. Michael Evans, for appellant Ohio Department of Mental Health.

Mr. Theodore K. Kern and Ms. Marcy B. Samuel, urging reversal for amicus curiae, Ohio Legal Rights Service.

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

HOLMES, J.

This appeal presents the court with a unique opportunity to explore an area of the law which is of vital importance to society and those persons who are hospitalized for a mental illness.

The issues before this court are threefold. One, can a person be subject to hospitalization under R.C. 5122.01(B) if his mental illness is in a state of remission and the remission is induced by psychotropic medication? Two, is the standard for hospitalization...

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