State v. Scott

Citations

• 2020 Ohio 5302

Syllabus

Appellant, convicted of rape and murder in 1992, appeals denial of petition for DNA testing of victim's rape kit and fingernail scrapings. Appellant argued DNA exclusion test would be outcome determinative. Appellant pointed to postconviction recantation by an eyewitness. Court determined that, given overwhelming evidence of Appellant's guilt, DNA exclusion result would not be outcome determinative. Court did not err in denying petition where Appellant's conviction based on substantial eyewitness and circumstantial evidence and court exercised sound discretion in determining that a DNA exclusion result would not lead to a strong probability that no factfinder would have found Appellant guilty. Recanting eyewitness' trial testimony was credible and postconviction recantations lacked reliability.