# McDuffie v. Berzzarins

> Ohio Supreme Court · July 2, 1975 · 43 Ohio St. 2d 23

URL: https://www.frixlaw.com/law-library/cases/6755545

## Case

- **Full name:** McDuffie v. Berzzarins
- **Court:** Ohio Supreme Court
- **Decided:** July 2, 1975
- **Citations:** 43 Ohio St. 2d 23; 72 Ohio Op. 2d 13; 330 N.E.2d 667; 1975 Ohio LEXIS 534
- **Precedential status:** Published
- **Opinion:** Concurrence by Herbert
- **Judges:** Brown, Celebbbzze, Corrigan, Herbert, Neill, Stern
- **Cited by:** 20 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6755545

## How later opinions describe it (automated extraction)

- holding collateral consequences subsequent to involuntary confinement permitted petition be heard in that narrow context only
- holding commitment issue not moot due to collateral consequences

## Opinion text

Herbert, J.,
concur ring. My concurrence in In re Popp (1973), 35 Ohio St. 2d 142 , was prompted by my concern over the lower court’s having proclaimed an unwarranted expansion of the issuance of the extraordinary writ of habeas corpus. I do not believe courts should begin issuing these writs, in otherwise moot cases, solely because a so-called “public interest” has been declared.
The case of In re Fisher (1974), 39 Ohio St. 2d 71 , did not present the issue of mootness or involve a discussion of collateral disability. See the concurring opinion in State v. Wilson (1975), 41 Ohio St. 2d 236, 238 .

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6755545. Public record. Not legal advice.