State v. Hightower, Unpublished Decision (7-28-2005)

JOURNAL ENTRY AND OPINION

{¶ 1} In 1974, defendant, Willie Hightower, was convicted of rape, murder in the perpetration of rape, and abduction for immoral purposes. At the time of his conviction, DNA testing was not available. However, since that time, the legislature enacted S.B. No. 11, which allows eligible inmates to file an application for DNA testing. Defendant filed his application, which the trial court denied. Appealing1 the lower court's denial of his application for DNA testing, defendant states two assignments of error, the first of which follows:

I. The trial court's summary denial…