THE STATE OF OHIO, APPELLANT,
v.
STERLING, APPELLEE.
Supreme Court of Ohio.https://leagle.com/images/logo.png
Submitted October 17, 2006.
Decided May 2, 2007.
Attorney(s) appearing for the Case
Thomas L. Sartini, Ashtabula County Prosecuting Attorney, and Shelley M. Pratt, Assistant Prosecuting Attorney, for appellant.
Morganstern, MacAdams & DeVito Co., L.P.A., and Michael A. Partlow, for appellee.
William F. Schenck, Greene County Prosecuting Attorney, and Cheri L. Stout, Assistant Prosecuting Attorney, urging reversal for amicus curiae, Ohio Prosecuting Attorneys Association.
Supreme Court of Ohio.
O'DONNELL, J.
{¶ 1} The state of Ohio appeals from a decision of the Ashtabula County Court of Appeals, which held that R.C. 2953.82(D) violates the separation-of-powers doctrine and is therefore unconstitutional. Because R.C. 2953.82(D) provides that a prosecuting attorney's decision to disagree with an inmate's request for DNA testing is final and not appealable by any person to any...
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