On Tuesday, December 3, 2024, Demecus Hughes filed a complaint for a Writ of Procedendo in the Ohio Supreme Court against Hamilton County Court of Common Pleas Judge Lisa C. Allen. Hughes, an inmate at the London Correctional Institution, is seeking a ruling on two pending motions that he claims have been ignored by the judge.
The complaint was filed under the jurisdiction of the Ohio Revised Code, invoking the court’s authority to compel Judge Allen to issue a judgment regarding Hughes’s applications for DNA testing and a motion for leave to vacate his conviction. Hughes’s initial application for DNA testing was submitted on November 13, 2023, but he asserts that there has been no ruling on this matter as of the filing date.
In his complaint, Hughes argues that the delay in addressing his motions constitutes a violation of his right to due process. He contends that he has made multiple attempts to prompt a ruling from the court but has faced continual inaction. Hughes’s claims include that his applications are critical for proving his innocence, as advancements in DNA testing since his 2003 trial could potentially exonerate him.
Hughes’s procedural history reveals that he first filed for DNA testing on April 27, 2023, which went unanswered until after he filed a mandamus action on September 12, 2023. The initial application was ultimately denied on September 27, 2023, with the court interpreting it as a public records request rather than a request for testing under the relevant statutes.
Following the denial, Hughes submitted a second application for DNA testing on October 4, 2023, which he claims was not properly filed due to procedural issues at the clerk’s office. Despite the complications, he asserts that he provided sufficient evidence to support his claims, including an affidavit identifying an alternative suspect.
Hughes also filed a Motion for Summary Judgment with attached exhibits on January 30, 2024, in an effort to compel the court to comply with the post-conviction remedy act. He argues that the ongoing inaction on his petitions causes significant harm and perpetuates a miscarriage of justice.
In addition to the application for DNA testing, Hughes’s complaint addresses a motion he filed on May 21, 2024. This motion sought leave to vacate his judgment and conviction under Ohio Revised Code Section 2953.23 or, alternatively, a motion for a new trial pursuant to Criminal Rule 33. He claims that no ruling has been made on this motion either.
Hughes’s court documents emphasize the importance of timely judicial action, citing that “justice delayed is justice denied.” He argues that the lack of response from Judge Allen not only violates his rights but also hinders his ability to proceed with efforts to prove his innocence.
The legal standards for a Writ of Procedendo in Ohio require that the relator must demonstrate a clear legal right to the relief sought, a duty on the part of the lower court to proceed, and that there is no adequate remedy at law. Hughes asserts that all these criteria are met in his case.
In his conclusion, Hughes requests that the Ohio Supreme Court either take full jurisdiction over his pending motions or compel Judge Allen to issue a ruling without further delay. He emphasizes the urgency of the situation, stating that the continued lack of judicial response significantly impacts his ability to seek justice.
A copy of the original filing can be found here.
