State of Ohio, Plaintiff-Appellee,
v.
David Ayers, Defendant-Appellant.
Court of Appeals of Ohio, Eighth District, Cuyahoga County.https://leagle.com/images/logo.png
RELEASED: October 23, 2008.
RELEASED: October 23, 2008.
Attorney(s) appearing for the Case
Robert Tobik, Chief Public Defender, BY: John T. Martin, Assistant Public Defender, 310 Lakeside Avenue — Suite 200, Cleveland, Ohio 44113, David M. Laing, Ohio Innocence Project, University of Cincinnati, P.O. Box 210040, Cincinnati, Ohio 45221, Attorneys for Appellant.
William D. Mason, Cuyahoga County Prosecutor, BY: Mary McGrath, Assistant Prosecuting Attorney, The Justice Center, 1200 Ontario Street, Cleveland, Ohio 44113, Attorneys for Appellee.
Before: Rocco, J., Gallagher, P.J., and Blackmon, J.
Court of Appeals of Ohio, Eighth District, Cuyahoga County.
JOURNAL ENTRY AND OPINION
KENNETH A. ROCCO, J.
{¶ 1} For the second time, defendant-appellant David Ayers appeals from the trial court's denial of his application pursuant to R.C. 2953.71 et seq. for DNA testing. His appeal is filed pursuant to App.R. 9(A).
{¶ 2} Ayers presents two assignments of error. He asserts the trial court's "summary" denial of his application was in contravention of both the statutory scheme...
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