On Wednesday, May 15, 2024, Joshua E. Wilson filed an original action in procedendo and/or mandamus against Judge Susan D. Solle in the Supreme Court of Ohio.

Wilson, an inmate at London Correctional Institution, sought a writ of procedendo ordering Judge Solle to rule on pending post-conviction motions filed in the Montgomery County Court of Common Pleas. According to Wilson’s affidavit, he filed a motion for leave to vacate and set aside his judgment and conviction or for a new trial on January 9, 2024, and a motion to rule without a response from the state on January 31, 2024. However, as of May 15, Judge Solle had not issued a ruling on either motion.

Wilson argued in his filing that Judge Solle has ignored several attempts to obtain a ruling in his case. He claimed the judge has a duty under Criminal Rule 35 to rule on post-conviction motions in a timely manner. Wilson further noted that prompt action on such petitions is required by the post-conviction remedy act.

In defense of his claims, Wilson provided the legal standards for a writ of procedendo, stating it can be used to compel a judge to issue a ruling. He also cited prior case law establishing that excessive delay, such as the months that had passed without a decision here, can warrant extraordinary relief from a higher court.

The filing included sworn affidavits from Wilson detailing the timeline of his motions and asserted that Judge Solle has “steadfastly refused” to rule in his criminal case. He requested that the Supreme Court order the judge to issue a ruling disposing of the entire action.

Judge Solle’s courtroom is courtroom 7. It is located on the fourth floor of the Montgomery County Courts Building – 41 N Perry St, Dayton, OH 45422.

A copy of the original filing can be found here.