On Friday, June 20, 2025, Joshua M. Tucker and Timothy Tucker filed a petition in the Supreme Court of Ohio seeking emergency relief against Judge Carolyn J. Paschke of the Geauga County Court of Common Pleas. The petition includes requests for a writ of mandamus and a writ of prohibition, aimed at halting further legal proceedings in Case No. 24 000091, including a sentencing scheduled for July 9, 2025.
The petition alleges that the trial court has violated Joshua Tucker’s constitutional rights, particularly in relation to due process and disability accommodations. Joshua, who is facing charges in the Geauga County case, is reported to have ADHD, PTSD, and a documented Individualized Education Plan (IEP) that acknowledges his learning disabilities.
Relators claim that Judge Paschke has denied Timothy Tucker, Joshua’s father and primary caregiver, the ability to file necessary motions on behalf of his son. The motion expresses concerns over judicial bias and the denial of adequate legal representation, particularly regarding the appointed defense attorney, Morgan R. Caruso. The petition asserts that the father has been obstructed from participating meaningfully in the defense and has not been permitted to address issues concerning his son’s mental health.
The document outlines that on June 17, 2025, a licensed counselor evaluated Joshua and recommended a transfer of the case to a court better equipped to handle mental health and developmental disabilities. Despite these recommendations, the petition states that Judge Paschke has continued to move forward with proceedings without addressing the need for a competency evaluation.
In their request, the Tuckers argue that there is no adequate legal remedy available in the lower court to resolve these issues before the scheduled sentencing. They are asking the Supreme Court to intervene to prevent irreparable harm and to ensure that Joshua’s rights are protected. The petition outlines specific requests, including the issuance of an emergency writ of mandamus to compel the court to allow filings by Timothy Tucker and to halt all further proceedings until proper evaluations are conducted.
The legal basis for their requests rests on claims that the trial court has failed to perform its legal duties and has acted beyond its jurisdiction. The petition cites violations of both Ohio law and federal protections under the Americans with Disabilities Act (ADA) and the U.S. Constitution.
The Tuckers have emphasized the urgency of their petition, citing the potential for significant harm if the sentencing proceeds without addressing the noted concerns about Joshua’s mental health and legal representation. The Supreme Court of Ohio now faces the decision of whether to grant the emergency relief sought by the Tuckers in this ongoing legal matter.
A copy of the original filing can be found here.
