On Thursday, September 26, 2024, the Supreme Court of Ohio received a petition for a writ of procedendo filed by Ralph Thomas, an inmate at the Richland Correctional Institution. The petition is directed against Judge Deborah M. Turner of the Cuyahoga County Common Pleas Court, seeking a ruling on his case that has been pending since a remand from the Eighth District Court of Appeals.

Thomas filed an appeal regarding his criminal charges, which culminated in a jury trial that found him guilty of multiple serious offenses including rape and kidnapping. On September 7, 2023, the Eighth District Court of Appeals affirmed in part, reversed in part, and remanded the case back to the Common Pleas Court for further proceedings. The remand was officially assigned to Judge Turner on November 1, 2023.

In his petition, Thomas argues that it has been over twelve months since the appellate court’s remand, and he has not received a ruling from Judge Turner on the pending matters. He cites a failure on the part of the court to issue timely decisions, which he claims necessitates the issuance of a writ of procedendo to compel action. Thomas asserts that he has made multiple inquiries about the status of his case, but to no avail, and he has filed a request for disposition to expedite the process.

The legal framework surrounding the petition is rooted in Ohio law, which allows a writ of procedendo when a lower court refuses to render judgment or unnecessarily delays making a decision. Thomas’s argument hinges on three key points as outlined in precedent cases: he possesses a clear legal right to compel the court to act, the court must issue a ruling, and there is no adequate remedy available in the ordinary course of law.

In addition to the writ of procedendo, Thomas has filed an affidavit of indigency, stating that he earns $18 per month and has no funds in his prison trust account. He seeks a waiver of the court’s filing fees, asserting his inability to pay due to his financial situation.

The petition is part of a broader legal battle faced by Thomas, who was sentenced to 20 years to life following his conviction. His appeals and legal motions have been ongoing since his sentencing, with various filings made in both the Common Pleas Court and the appellate court.

A copy of the original filing can be found here.