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STATE v. AYERS

No. 91847.

185 Ohio App.3d 168 (2009)

2009-Ohio-6096

The STATE of Ohio, Appellee, v. AYERS, Appellant.

Court of Appeals of Ohio, Eighth District, Cuyahoga County.

Decided November 19, 2009.

Attorney(s) appearing for the Case

William D. Mason, Cuyahoga County Prosecuting Attorney, and Mary McGrath, Assistant Prosecuting Attorney; and Nancy Hardin Rogers, Attorney General, for appellee.

Ohio Innocence Project, Mark A. Godsey, and David M. Laing, for appellant.

MELODY J. STEWART, Judge.

{¶ 1} Appellant, David Ayers, appeals from a Cuyahoga County Court of Common Pleas order denying his second application for deoxyribonucleic acid ("DNA") testing pursuant to R.C. 2953.71 et seq. Ayers presents two assignments of error challenging the trial court's finding that his application for DNA testing is barred by res judicata and further fails to meet the statutory requirements

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