On Wednesday, April 24, 2024, Demecus Hughes filed a writ of procedendo and/or mandamus with the Supreme Court of Ohio against Judge Lisa Allen of the Hamilton County Court of Common Pleas.

Hughes, who is currently incarcerated at the London Correctional Institution, alleges that Judge Allen has failed to rule on several motions he filed in a criminal case presided over by the judge. In his filing, Hughes provides details of multiple motions he submitted to Judge Allen dating back to November 2022, including a motion for the trial court to provide a final appealable order disposing of the entire action.

However, according to Hughes, as of the date of his Supreme Court filing in late April 2024, Judge Allen had not issued a ruling on any of his pending motions. Hughes claims this lack of rulings violates both Ohio statute and his Fourteenth Amendment rights. Through this writ, Hughes is seeking to compel Judge Allen to fulfill her legal duty to rule on the outstanding motions before her court.

As support, Hughes cites several previous Ohio Supreme Court rulings establishing that a writ of procedendo is an appropriate mechanism to force a lower court to proceed to judgment when they are failing to do so. He argues Judge Allen’s delay in ruling is excessive, given the purpose of related laws like Ohio’s Post-Conviction Relief Act is to promptly address possible denials of relief.

Along with the writ filing, Hughes also included an affidavit swearing to the veracity of his claims and detailing his litigation history over the past five years. If the Supreme Court decides Hughes has established a clear legal right to relief and a duty by Judge Allen to rule, it could potentially issue the requested writ ordering her to proceed with judgment on his pending motions. For now, the case awaits consideration by the state’s highest court.

Judge Allen‘s courtroom is located at Hamilton County Courthouse, 1000 Main Street, Room 510, Cincinnati, Ohio 45202, and can be reached at 513-946-5112.

A copy of the original filing can be found here.