On Tuesday, May 14, 2024, David A. Patrick filed a writ of procedendo with the Supreme Court of Ohio against Judge Wende Cross of the Hamilton County Common Pleas Court.

In his filing, Patrick alleges that Judge Cross has failed to timely dispose of a pending motion in Patrick’s case. Court records show that in January 2024, Patrick filed a motion to set aside his judgment, arguing that Judge Cross improperly refused to sentence him under the Reagan Tokes Act. The state filed a response in February, but Patrick argued it was untimely and unrelated to his actual motion.

Since then, Patrick claims the case has not progressed. In late February, he filed a motion to strike the state’s response. The docket notes an entry was made in March, but provided no information. In early April, Patrick filed another motion asking the court to schedule a decision, but says no response or ruling has been issued.

Patrick is now seeking a writ of procedendo from the Supreme Court to compel Judge Cross to proceed to judgment on his pending motion. A writ of procedendo is a writ issued by a court of superior jurisdiction to compel a lower court to proceed to judgment in a case.

In his filing, Patrick argues that further delay by Judge Cross would deny him a clear legal remedy and constitute an abuse of discretion. He asserts he has a clear legal right for the court to rule, and Judge Cross has a clear legal duty to do so. Patrick also claims there is no adequate remedy available through ordinary legal channels.

To support his claims, Patrick filed a memorandum, affidavit of verity swearing to the facts in the memorandum, and an affidavit stating he has no prior civil filings. He is representing himself without an attorney in this matter.

The Supreme Court will now review Patrick’s filings to determine whether to issue the writ of procedendo against Judge Cross and the Hamilton County Common Pleas Court. A ruling would provide clarity on Patrick’s ongoing case and whether he has suffered an undue delay in having his pending motion addressed.

Judge Cross‘ courtroom is located at Hamilton County Courthouse, 1000 Main Street, Room 380, Cincinnati, Ohio 45202, and can be reached at 513-946-5862.

A copy of the original filing can be found here.