Inmate Files Writ Against Ohio Judge Janet R. Burnside for Delayed Ruling

On Thursday, September 11, 2025, Albert Townsend filed a petition for a writ of procedendo with the Ohio Supreme Court, seeking to compel Judge Janet R. Burnside of the Cuyahoga County Court of Common Pleas to proceed to judgment on a motion he filed on April 18, 2024. Townsend, an inmate at Grafton Correctional Institution, filed the petition pro se.

Townsend’s original motion, filed in the Cuyahoga County Court of Common Pleas, Case No. CR-17-614508-A, sought to vacate or set aside his sentence. According to the petition, this motion has been pending for over 120 days without a ruling from Judge Burnside. Townsend argues that this delay violates Ohio Supreme Court Rule 40(A)(3), which mandates that all motions be ruled upon within 120 days of filing.

Townsend asserts that he has a clear legal right to a judgment on his motion within the 120-day timeframe and that Judge Burnside has a legal duty to proceed to judgment. He claims that no other adequate remedy is available to him, necessitating the writ of procedendo.

Townsend was indicted on February 22, 2017, and his arraignment occurred on March 2, 2017. A jury trial commenced on April 9, 2018, resulting in guilty verdicts on some charges and not guilty verdicts on others on April 18, 2018. He was sentenced to incarceration on May 2, 2018, and is currently serving his sentence. Judge Daniel Gaul initially presided over the trial and sentencing but has since retired. Judge Burnside assumed responsibility for the case and was presiding when Townsend filed the motion to vacate or set aside his sentence.

Townsend’s petition includes several affidavits in support of his claims. These affidavits cover verity, prior civil actions, document authentication, indigency, and compliance with Ohio Revised Code Section 2969.25(C). He also provided a certified statement of his inmate account.

Townsend is requesting that the Ohio Supreme Court grant his petition and compel Judge Burnside to proceed to judgment on his motion to vacate.

A copy of the original filing can be found here.