On Friday, February 14, 2025, J.C. Devar Sanders filed a petition for a writ of mandamus in the Ohio Supreme Court, seeking immediate release from what he claims is unlawful imprisonment. Sanders, who is currently incarcerated at Summit County Jail, argues that his confinement is based on a conviction that he asserts was obtained through fraudulent means and without proper jurisdiction.
In his petition, Sanders states that he was extradited to Ohio from another state on December 9, 2024, while his appeal in a separate case was still pending. He contends that the Summit County Court of Common Pleas had no authority to proceed with his prosecution since his case had been officially terminated on June 13, 2023, and had never been lawfully reinstated. Sanders claims that there were no motions filed to reinstate the case and that he was never given written notice of any trial, asserting that subsequent proceedings were void.
The petition outlines several constitutional violations that Sanders alleges occurred during his trial. He cites infringement of his Fifth and Fourteenth Amendment rights due to the denial of due process, as well as violations of the Sixth Amendment, which guarantees the right to a fair trial. Additionally, Sanders claims that the Eighth Amendment was violated through the imposition of an excessive sentence.
Sanders accuses Judge Tammy O’Brien, among others, of failing to address significant jurisdictional issues and of allowing the prosecution to proceed despite the aforementioned procedural flaws. He alleges that the trial court acted without jurisdiction and concealed critical facts, leading to a trial in his absence. According to Sanders, the court-appointed attorneys withdrew without justification, which he believes further compromised his defense.
In his legal argument, Sanders refers to past rulings by the U.S. Supreme Court emphasizing that proper extradition procedures must be followed to ensure due process. He cites a specific case, Cuylerv. Adams, to support his claims regarding the importance of adhering to these procedures. Additionally, he invokes case law indicating that convictions obtained through fraud are invalid, referencing Hazel-Atlas Glass Co. v. Hartford-Empire Co. to bolster his position.
Sanders also highlights that the indictment against him was improperly filed in the civil division rather than the criminal division, which he argues violates state law governing jurisdiction over criminal cases. He maintains that this procedural error prevented him from being properly served notice of the indictment, ultimately impacting his ability to mount an effective defense.
Furthermore, Sanders argues that the conditions surrounding his prosecution have resulted in significant economic hardship for him and his family. He cites losses in employment, frozen bank accounts, and housing instability as direct consequences of what he describes as wrongful prosecution. His petition also references an incident involving his wife, who he claims was physically assaulted by a law enforcement officer following his bond revocation.
As part of his petition, Sanders requests that the Ohio Supreme Court issue an alternative writ of mandamus, compelling the respondents to demonstrate why he should not be immediately released. He seeks a peremptory writ ordering the Summit County Court of Common Pleas to vacate his conviction and any associated sentences. He also asks the court to declare that all proceedings following the termination of his case in June 2023 were void due to the lack of jurisdiction.
The petition was electronically filed with the Clerk of the Supreme Court of Ohio, and Sanders has included a certificate of service indicating that relevant parties, including Judge Tammy O’Brien and Summit County Prosecutor Elliot Kolkovich, were notified of the filing.
A copy of the original filing can be found here.
