Roy Duncan is serving time in North Central Correctional Institution. He filed a Motion for Re-sentencing in Judge James Deweese's trial court on March 10, 2011. Judge Deweese refused to rule on the motion. Why?
What could Roy Duncan do about it?
"The writ of procedendo is merely an order from a court of superior jurisdiction to one of inferior jurisdiction to proceed to judgment. It does not in any case attempt to control the inferior court as to what that judgment should be." State ex rel. Davey v. Owen, 133 Ohio St. 96.
Roy Duncan filed a writ of procedendo in the Fifth District Court of Appeals for Richland County. The Court of Appeals issued the writ and ordered the Honorable James Deweese to rule on Duncan's pending motion forthwith as you can read here.
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