On Thursday, July 24, 2025, Robert M. Kolvek filed a complaint for a writ of procedendo in the Supreme Court of Ohio against Judge Joy Malek Oldfield of the Summit County Court of Common Pleas. The filing alleges that Judge Oldfield failed to comply with a mandate from the Ninth District Court of Appeals issued on September 11, 2024, to vacate three journal entries from January 29, 2016, related to Kolvek’s cases.
Kolvek, an inmate at Grafton Correctional Institution, claims that Judge Oldfield’s inaction on the appellate court’s directive affects his prison programming and release date.
The 2016 journal entries pertain to three cases from 2010, involving charges of illegal drug manufacturing and aggravated possession. Initially resolved through a plea agreement, these cases resulted in a combined three-and-a-half-year sentence. After Kolvek’s early judicial release in 2013 and a subsequent community control violation, the trial court reimposed sentences on January 26, 2016, which were later deemed void due to lack of jurisdiction.
The Ninth District Court of Appeals, in its December 7, 2023, ruling, instructed the trial court to consider Kolvek’s motion to vacate the sentences, as it was not a successive petition for post-conviction relief. After the trial court denied the motion on January 31, 2024, Kolvek appealed again. The appellate court’s September 2024 decision sustained his argument, ordering Judge Oldfield to vacate the 2016 entries, as the trial court lacked authority to issue them since Kolvek had already served his sentence while awaiting trial.
Kolvek’s complaint states that the delay in vacating these entries has prevented the Ohio Department of Rehabilitation and Correction from updating his release date from October 2031 to May 2027. This affects his eligibility for re-entry programs and housing preparations.
The Supreme Court filing requests an order compelling Judge Oldfield to comply with the appellate mandate and notify the relevant correctional authorities to adjust Kolvek’s sentence expiration date.
A copy of the original filing can be found here.
