On Monday, March 9, 2026, David A. Cowan III filed a petition in the Ohio Supreme Court seeking a writ of mandamus and procedendo against Judge Mark C. Miller and the Judges of the Third Appellate District Court of Appeals. Cowan, acting as his own legal representative (pro se), is currently incarcerated at the Marion Correctional Institution (MCI).
The legal action stems from a prior case, State v. Cowan, case number 1-23-20, in the Third District Court of Appeals. Cowan had filed an application to reopen his direct appeal based on App.R.26(B), which was denied by the appellate court. The Third District Court of Appeals denied the application for failure to show good cause. Cowan argues that the appellate court failed to properly consider his claims of ineffective assistance of counsel.
Cowan contends that the Third District had a clear legal duty to correctly apply App.R.26(B) and to consider his claims on their merits. He asserts that he has a clear legal right to this consideration. Cowan further argues that no adequate remedy exists through ordinary legal channels because the ten-day period for reconsideration under App.R.26(A) has expired.
In his petition, Cowan argues that the appellate court’s refusal to reopen his case, despite the Supreme Court granting leave to file a delayed memorandum in support of jurisdiction, constitutes an abuse of discretion. He claims this inconsistent treatment violates his rights to due process and equal protection.
Cowan requests the Ohio Supreme Court to issue a writ of mandamus or procedendo, directing the Third District Court of Appeals for Allen County to vacate its prior entry denying his App.R.26(B) application and to consider the application on its merits.
A copy of the original filing can be found here.
