On Monday, June 16, 2025, Tramaine E. Martin filed a notice of appeal in the Supreme Court of Ohio, challenging a decision from the Cuyahoga County Court of Appeals, Eighth Appellate District, issued on May 13, 2025.
Martin, representing himself, seeks to overturn the denial of his request for a writ of procedendo against Judge Timothy P. McCormick. The appeal stems from a case originating in the Court of Appeals under case number 114928.
Martin, an inmate at Noble Correctional Institution in Caldwell, Ohio, filed the notice of appeal electronically with the Supreme Court clerk and mailed a copy to opposing counsel.
The case centers on Martin’s successive petition for postconviction relief, filed on May 6, 2024, in the underlying criminal case, State v. Martin (Cuyahoga County Common Pleas case number CR-16-612220-A). On June 4, 2024, Martin submitted a motion to supplement his petition with expert testimony and requested a prompt evidentiary hearing. However, on June 11, 2024, the trial court, presided over by Judge McCormick, denied both motions. A docket notation dated October 16, 2024, suggested the motions were granted, but no corresponding journal entry was issued, leading Martin to argue he was entitled to a formal ruling allowing supplemental pleadings and setting a hearing.
On March 19, 2025, Martin filed a petition for a writ of procedendo, asking the Court of Appeals to compel Judge McCormick to issue a ruling on his motions. Judge McCormick moved for summary judgment, citing a March 27, 2025, journal entry that denied Martin’s successive petition for postconviction relief. The entry also noted that judges are not required to issue findings of fact or conclusions of law for untimely or successive petitions, referencing prior Ohio case law.
The Eighth Appellate District granted the summary judgment motion on May 13, 2025, ruling that Martin’s request for a writ of procedendo was moot because the trial court had already addressed the petition. The court found no evidence that Judge McCormick reconsidered his June 11, 2024, denial, despite the October 16 docket notation. Additionally, the court noted that Martin could appeal the trial court’s denial of his petition, providing an adequate legal remedy, which further justified denying the writ.
Martin’s appeal to the Ohio Supreme Court follows a prior procedendo case against Judge McCormick, which was dismissed in 2024 for procedural reasons and is currently pending before the Supreme Court.
A copy of the original filing can be found here.
