On Monday, February 3, 2025, Marcus Kirks filed a complaint for a writ of procedendo in the Ohio Supreme Court against Cuyahoga County Common Pleas Court Judge William T. McGinty. Kirks, an inmate at the Lake Erie Correctional Institution, is seeking a ruling on his amended petition to vacate or set aside his conviction, which he filed in the Cuyahoga County Common Pleas Court on May 29, 2024.
In his filing, Kirks asserts that Judge McGinty has failed to issue a ruling on the petition within the 180 days mandated by Criminal Rule 35(C). He states that as of January 7, 2025, no decision has been made regarding his case, which he argues does not involve complex legal issues that would warrant such a delay.
Kirks’ petition for relief was submitted under Ohio Revised Code §2953.21, and he claims that the judge’s inaction is unjustifiable. According to Kirks, there are no other adequate legal remedies available to compel a decision on his petition. He is requesting that the Supreme Court issue a peremptory writ to compel Judge McGinty to take action on his case.
Additionally, Kirks filed an affidavit of indigency, stating that he lacks the necessary funds to cover the costs associated with the filing of the complaint. He notes that he is currently incarcerated and has limited financial resources, receiving only a minimal monthly income from state pay. Kirks requests that any fees or costs related to the action be waived due to his financial situation.
A copy of the original filing can be found here.
