State v. Noling

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The Supreme Court affirmed in part and reversed in part the judgment of the trial court related to Appellant’s second application for postconviction DNA testing under Ohio Rev. Code 2953.71 through 2953.81, holding that Appellant may appeal the trial court’s determination of what constitutes “the results” of the DNA testing.Appellant, who was sentenced to death for first degree murder, sought postconviction DNA testing. The trial court ordered the Ohio Bureau of Criminal Investigation (BCI) to collect DNA evidence from a cigarette butt and, later, to determine the quantity and quality of biological material on ring boxes and shell casings. On appeal, Appellant argued that the State was required to provide him with all documentation relating to the DNA testing of the cigarette butt and that his objection relating to the BCI’s selection as the testing authority and to its preliminary determination as to the scientific suitability for DNA testing of the shell casings and ring boxes should have been upheld. The Supreme Court held that Appellant was entitled to relief on his claim that the trial court failed to provide him with “the results of the testing” as required under section 2953.81(C) and dismissed Appellant’s remaining propositions of law. View "State v. Noling" on Justia Law