· 3/6/2018

State v. Noling (Slip Opinion)

Citations

  • 2018 Ohio 795
  • 101 N.E.3d 435
  • 153 Ohio St. 3d 108

Syllabus

Criminal law-Postconviction DNA testing-An appellate court has jurisdiction over a claim raised by an offender who has requested postconviction DNA testing if the claim challenges any of the three discretionary decisions specifically listed as appealable in R.C. 2953.72(A)(8) or if the claim is that the trial court failed to fulfill a mandatory duty-R.C. 2953.81(C)'s requirement that the testing authority provide the subject offender with \the results of the testing\ mandates that the offender be provided only the DNA profile created for the purpose of a comparison with the DNA profiles in the Combined DNA Index System.

Judges: Fischer, Dewine

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