State v. Gavin

Citations

• 195 N.E.3d 226
• 2022 Ohio 3027

Syllabus

POSTCONVICTION DNA TESTING - Trial court erred when it limited its analysis to solely the evidence introduced at trial and did not take into consideration any evidence introduced during the postconviction state R.C. 2953.71 et seq. does not govern nor limit testing performed at defendant's expense and thus, assuming there is an adequate parent sample and chain of custody can be maintained, trial court had no plausible reason to deny defendant's request for independent testing and therefore abused its discretion by summarily dismissing the motion.