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STATE v. FOSTER

No. 10AP-317.

2010 Ohio 5155

State of Ohio, Plaintiff-Appellee, v. Walter L. Foster, Defendant-Appellant.

Court of Appeals of Ohio, Tenth District, Franklin County.

Rendered on October 21, 2010.

Attorney(s) appearing for the Case

Ron O'Brien, Prosecuting Attorney, and Kimberly Bond, for appellee.

Yeura R. Venters, Public Defender, and David L. Strait, for appellant.

DECISION

TYACK, P.J.

{¶1} Walter L. Foster is appealing from the refusal of the trial court to order DNA testing in his cases which resulted in his 1982 conviction for murder and attempted murder. He assigns a single error for our consideration:

The trial court erred in overruling Appellant's application for DNA testing because the outcome of such testing would be "outcome determinative" within the meaning of R.C. 2953.71.

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