STATE v. PRADE

No. 2009-0605.

126 Ohio St.3d 27 (2010)

2010-Ohio-1842

THE STATE OF OHIO, Appellee, v. PRADE, Appellant.

Supreme Court of Ohio.

Decided May 4, 2010.


Attorney(s) appearing for the Case

Sherri Bevan Walsh, Summit County Prosecuting Attorney, and Richard S. Kasay, Assistant Prosecuting Attorney, for appellee.

Jones Day, David Booth Alden, and Ann Netzel; and Ohio Innocence Project, Mark A. Godsey, and David M. Laing, for appellant.

Paul, Weiss, Rifkind, Wharton & Garrison, L.L.P., and Michele Hirshman, urging reversal for amicus curiae, The Innocence Network.


LUNDBERG STRATTON, J.

{¶ 1} Today this court must decide whether a prior DNA test is "definitive" within the meaning of R.C. 2953.74(A) when a new DNA testing method can detect information that could not be detected by the prior DNA test. Because we hold that defendant's prior DNA tests were not "definitive" within the meaning of R.C. 2953.74(A), we reverse the judgment of the court of appeals, but we remand the cause to the trial court...

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