State v. Buehler

{¶ 21} I respectfully dissent from the majority’s decision to remand Buehler’s application for DNA testing. I believe that the majority’s very narrow reading of the DNA testing statutes fails to consider the impact of other statutory provisions that obviate the need for the state to determine whether DNA exists as a predicate for further proceedings by the court.

{¶ 22} While I agree that R.C. 2953.75 requires the prosecuting attorney to determine whether biological material exists upon the application for DNA testing, that section cannot be read in isolation from other aspects of the DNA…