On Tuesday, April 29, 2025, Derek Folley filed a complaint for writ of mandamus in the Supreme Court of Ohio against Judge Mary Montgomery. Folley, representing himself as a pro se litigant, seeks an order compelling the judge to conduct a “Speedy Trial Balancing Test” regarding his ongoing criminal case.

Folley was arrested by the Dayton Police Department on June 7, 2019, and subsequently detained at the Montgomery County Jail. He asserts that his rights to a speedy trial have been violated, prompting him to file a motion for a speedy trial on July 2, 2019.

In his complaint, Folley states that he filed a subsequent motion to dismiss based on these alleged violations on March 2, 2021. However, he claims that the trial court overruled this motion without properly conducting the Speedy Trial Balancing Test mandated by the Supreme Court of the United States in the landmark case Barker v. Wingo. This test requires courts to evaluate several factors, including the length of delay, the reason for the delay, the defendant’s assertion of their right to a speedy trial, and any resulting prejudice.

Folley contends that the trial court’s decision on May 14, 2021, which dismissed his motion, did not take these factors into consideration. The complaint indicates that Folley believes there is a clear legal right to the relief he seeks and that Judge Montgomery has a legal duty to perform the balancing test.

The complaint outlines that Folley is not appealing the trial court’s judgment but is instead requesting direct intervention from the Supreme Court of Ohio. He argues that the failure to conduct the Speedy Trial Balancing Test has deprived him of his rights under established legal precedent.

In the formal document, Folley emphasizes his intention to provide a well-documented legal pleading, which includes a memorandum of law in support of his writ. He asserts that all claims made in his affidavit are based on personal knowledge and are sworn to be true under penalty of perjury.

The Supreme Court of Ohio’s response to Folley’s complaint will determine whether his request for a writ of mandamus is granted, potentially compelling Judge Montgomery to revisit his motion in light of the legal standards set forth by higher courts.

A copy of the original filing can be found here.