Legal Opinion

State v. Prade

Ohio Supreme Court

Decided May 4, 2010No. 2009-0605PublishedCited by 19 opinions

1Opinion of the CourtLundberg Stratton, J.

{¶ 1} Today this court must decide whether a prior DNA test is “definitive” within the meaning of R.C. 2953.74(A) when a new DNA testing method can detect information that could not be detected by the prior DNA test. Because we hold that defendant’s prior DNA tests were not “definitive” within the meaning of R.C. 2953.74(A), we reverse the judgment of the court of appeals, but we remand the cause to the trial court to consider whether new DNA testing would be “outcome determinative” pursuant to R.C. 2953.74(B) and 2953.71(L).

Facts and Procedural Posture

{¶ 2} In 1997, Dr. Margo Prade was shot…

2Cases cited1 opinion

  1. State v. EmerickOhio Court of Appeals · 2007

3Cited by19 opinions

  1. State v. NolingOhio Supreme Court · 2013
  2. State v. ThorntonOhio Court of Appeals · 2013
  3. State v. EmerickOhio Court of Appeals · 2011
  4. State v. HaydenOhio Court of Appeals · 2012
  5. State v. AllenOhio Court of Appeals · 2016

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