State of Ohio Plaintiff-Appellee
v.
Edmund E. Emerick, III, Defendant-Appellant.
Court of Appeals of Ohio, Second District, Montgomery County.https://leagle.com/images/logo.png
October 28, 2011.
October 28, 2011.
Attorney(s) appearing for the Case
Andrew T. French , Atty. Reg. No. 0069384, Assistant Prosecuting Attorney, 301 W. Third Street, 5th Floor, Dayton, Ohio 45422, Attorney for Plaintiff-Appellee.
Mark Godsey , Atty. Reg. No. 0074484, Ohio Innocence Project, P. O. Box 210040, University of Cincinnati College of Law, Cincinnati, Ohio 45221, Attorney for Defendant-Appellant.
Court of Appeals of Ohio, Second District, Montgomery County.
OPINION
FROELICH, J.
{¶ 1} Edmund E. Emerick appeals from a judgment of the Montgomery County Court of Common Pleas, which denied his motion for further DNA testing. For the following reasons, the trial court's judgment will be affirmed in part, reversed in part, and remanded for further proceedings.
I
{¶ 2} In 1996, Emerick was indicted for one count of aggravated robbery and two...
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