State of Ohio v. Tyrone L. Noling, Case No. 2014-1377
Portage County Common Pleas Court
ISSUES:
- In post-conviction DNA testing, does the required disclosure of test results in R.C. 2953.81(C) include all documentation of the testing performed, including the DNA profile itself, and not solely the testing authority's conclusions?
- May a trial court provide access to post-conviction forensic testing and databases in the absence of a statute?
- Did the trial court accept an eligible offender's application for DNA testing, requiring the court to rescind and deny the application because the offender objected to the use of the selected testing authority, based on R.C. 2953.78(B)?
- Does R.C. 2953.76 require the DNA testing authority to use scientific testing methods and review the chain of custody to make the required statutory determinations in R.C. 2953.76(A)-(C)?
- When a trial court selects a DNA testing authority pursuant to R.C. 2953.78(A), must the court articulate reasons for the selection, including whether the testing authority provides the appropriate DNA technology and its experience in testing the type of evidence at issue?