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Is 1998 DNA Test That Provided No Information About Killer a 'Definitive' Result That Bars New Testing?
State of Ohio v. Douglas Prade, Case no. 2009-0605
9th District Court of Appeals (Summit County)
ISSUE: R.C. 2953.74 authorizes Ohio trial courts to grant requests for new DNA testing of evidence from decided cases if such testing was not available at the time a defendant was convicted, or if earlier DNA testing was done but the results were "inconclusive" and new test results excluding the defendant could conclusively prove his innocence. When prior DNA testing failed to detect the DNA of anyone except a murder victim on the victim's bloody clothing, but enhanced testing methods now available might allow detection and analysis of DNA from her killer, is a prisoner convicted of the victim's murder entitled to new DNA testing under R.C. 2953.74?