Does 2010 Law Require Court to Consider New Request for Postconviction DNA Testing Despite Denial of Earlier Request?

Under Legislation That Changed Statutory Criteria For Approval of Testing

State of Ohio v. Tyrone Lee Noling, Case no. 2011-0778

Portage County Court of Common Pleas

ISSUES:

Do changes to Ohio's postconviction DNA testing law adopted in 2010 require a trial court to consider the merits of an inmate's second application for retesting of evidence from his case even though the court denied an earlier application for retesting of the same evidence under a more restrictive pre-2010 version of the statute?

Does a provision of the DNA testing statute violate the Ohio Constitution by mandating that the denial of applications for postconviction DNA testing in death penalty cases must be appealed directly to the Supreme Court of Ohio rather than to an intermediate court of appeals?