State v. Birt

Citations

• 2023 Ohio 2913

Syllabus

The trial court did not err in denying appellant's application for postconviction DNA testing where DNA testing done during the trial stage of proceedings demonstrated appellant's DNA had been found on the victim's right breast and that he could not be excluded as a contributor to DNA mixtures found on swabs from the victim's left breast and the left side of her neck. The inclusion of another individual as a possible contributor to the mixed DNA profiles would not exclude appellant as a contributor and was not outcome determinative as to the rape offenses for which appellant was convicted.