STATE v. MONTGOMERY

No. 97143.

2012 Ohio 1640

STATE OF OHIO, PLAINTIFF-APPELLANT, v. RAYMOND MONTGOMERY, DEFENDANT-APPELLEE.

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

Released and Journalized: April 12, 2012.


Attorney(s) appearing for the Case

William D. Mason , Cuyahoga County Prosecutor, Mary McGrath , Assistant County Prosecutor, 8th Floor Justice Center, 1200 Ontario Street, Cleveland, OH 44113, Attorneys for Appellant.

Judith P. Lipton , Carmen P. Naso , Christine N. Majdar , Certified Legal Intern, Nicole McGrath , Certified Legal Intern, Milton A. Kramer Law Clinic Center, Case Western Reserve University School of Law, 11075 East Boulevard, Cleveland, OH 44106, Attorneys for Appellees.

BEFORE: Keough, J., Cooney, P.J., and E. Gallagher, J.


JOURNAL ENTRY AND OPINION

KATHLEEN ANN KEOUGH, J.

{¶1} This case involves an application for postconviction DNA testing brought pursuant to R.C. 2953.71 et seq. The state of Ohio appeals from the trial court's judgment that granted in part and denied in part defendant Raymond Montgomery's motion to conduct his own search for items sought for biological testing, and denied the state's objections to the search. We dismiss for lack of a final...

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