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STATE v. ROBERTS

No. 2011-1882.

134 Ohio St.3d 459 (2012)

2012-Ohio-5684

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

Supreme Court of Ohio.

Decided December 6, 2012.

Attorney(s) appearing for the Case

Daniel G. Padden , Guernsey County Prosecuting Attorney, for appellee.

Timothy Young , Ohio Public Defender, and Kristopher A. Haines and Craig M. Jacquith , Assistant Public Defenders, for appellant.

Paul A. Dobson , Wood County Prosecuting Attorney, and David E. Romaker Jr. , Assistant Prosecuting Attorney, urging affirmance on behalf of amicus curiae Ohio Prosecuting Attorneys Association.

Davis Polk & Wardwell, L.L.P., and Sharon Katz , urging reversal on behalf of amicus curiae the Innocence Network.

O'CONNOR, C.J.

{¶ 1} In this appeal, we decide whether the obligation to preserve and catalog criminal-offense-related biological evidence imposed upon certain government entities by R.C. 2933.82 applies to evidence in the possession of those entities at the time of the statute's effective date. We hold that R.C. 2933.82 is not retroactive, but that it does apply to biological evidence in the possession of

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