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I think you misunderstood the question: On December 5, 1980, the defendant herein having been found NOT GUILTY BY REASON OF INSANITY or the offense for which he was indicated and a Temporary Order of Detention Having been issued on December 5, 1980, pursuant to Sec. 2945.40(A), O.R.C., this matter was before the Court for a full hearing to determine whether the above-name defendant is a mentally ill person subject to hospitalization by Court Order. Upon consideration of the medical reports submitted by the FORENSIC HOSPITAL OF DAYTON MENTAL HEALTH AND DEVELOPMENATAL CENTER and also due to the fact that the Prosecutor has not presented any evidence or medical testimony to rebut the Forensic Hospital's reports, the court hereby FINDS the evidence is clear and convincing that the defendant herein is no longer a mentally ill person subject to hospitalization by Court Order, pursuant to Sect. 5122.15, O.R.C.
It is therefore ORDERED, pursuant to Sec. 2945.40(B), O.R.C., that the said defendant shall be immediately discharged and the Court further ORDERS that this case is hereby DISMISSED.
NOW, DOES THAT MEAN THE PROSECUTORS AND ANOTHER JUDGE CAN CONTINUE TO PROSECUTE THIS SAME CASE? AND DO SO UNDER THE SAME CASE NUMBER?
Again, here is another clarification: I was found NOT GUILTY BY RESON OF INSANITY and that within itself is an acquittal. In additional, as I indicated in my first reply, the case was absolutely dismissed. I have never been retried and the prosecutor has never moved to do that. That is not allowed in an NGRI finding. Yet, I am continually being persecuted by the residuals of the original charges of NGRI without having had a new trial this date. Here again, I ask if that is not illegial, furthermore, is it not true that everything that was prosecuted under that charge and that case since 5 December 1980, whitch is the date this charge was NGRI and the dismissal occured, isn't those occurances illegial?
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