On Monday, December 1, 2025, Mamadou Diallo filed a complaint for an original action in Procedendo with the Supreme Court of Ohio, naming Judge Stephen McIntosh of the Franklin County Common Pleas Court as the respondent. The filing seeks a writ of Procedendo to compel Judge McIntosh to rule on two pending motions related to DNA testing in case number 23CR4188.
Diallo’s complaint states that he filed a motion for DNA testing on June 30, 2025, pursuant to Ohio Revised Code (R.C.) 2953.71. Subsequently, on August 8, 2025, he filed a motion for DNA testing by other means, as outlined in R.C. 2953.84. Diallo asserts that approximately 120 days have passed since the filing of these motions, and Judge McIntosh has yet to issue a decision on either.
In the complaint, Diallo argues that Judge McIntosh has a clear legal duty to adjudicate the motions in a timely manner. He cites Ohio Superintendence Rule 40, which provides a guideline of 120 days for decisions on motions.
Diallo is requesting the Supreme Court to issue a writ of Procedendo, compelling Judge McIntosh to make a ruling on both DNA testing motions. Alternatively, he requests the court to compel the respondent to provide reasons why the writ should not be granted.
A copy of the original filing can be found here.
