State v. Sterling

{¶ 1} The state of Ohio appeals from a decision of the Ashtabula County Court of Appeals, which held that R.C. 2953.82(D) violates the separation-of-powers doctrine and is therefore unconstitutional. Because R.C. 2953.82(D) provides that a prosecuting attorney’s decision to disagree with an inmate’s request for DNA testing is final and not appealable by any person to any court and further directs that no court shall have authority, without agreement of the prosecutor, to order DNA testing, it interferes with the exercise of judicial authority, violates the separation-of-powers doctrine, and…