(A) An eligible offender who wishes to request DNA testing to be conducted under sections 2953.71 to 2953.81 of the Revised Code shall submit an application for DNA testing on a form prescribed by the attorney general for this purpose and shall submit the form to the court of common pleas that sentenced the offender for the offense for which the offender is an eligible offender and is requesting DNA testing.
(B) If an eligible offender submits an application for DNA testing under division (A) of this section, upon the submission of the application, all of the following apply:
(1) The eligible offender shall serve a copy of the application on the prosecuting attorney and the attorney general.
(2) The application shall be assigned to the judge of that court of common pleas who was the trial judge in the case in which the eligible offender was convicted of the offense for which the offender is requesting DNA testing, or, if that judge no longer is a judge of that court, it shall be assigned according to court rules. The judge to whom the application is assigned shall decide the application. The application shall become part of the file in the case.
(C) If an eligible offender submits an application for DNA testing under division (A) of this section, regardless of whether the offender has commenced any federal habeas corpus proceeding relative to the case in which the offender was convicted of the offense for which the offender is an eligible offender and is requesting DNA testing, any response to the application by the prosecuting attorney or the attorney general shall be filed not later than forty-five days after the date on which the eligible offender submits the application. The prosecuting attorney or the attorney general, or both, may, but are not required to, file a response to the application. If the prosecuting attorney or the attorney general files a response under this division, the prosecuting attorney or attorney general, whoever filed the response, shall serve a copy of the response on the eligible offender.
(D) If an eligible offender submits an application for DNA testing under division (A) of this section, the court shall make the determination as to whether the application should be accepted or rejected. The court shall expedite its review of the application. The court shall make the determination in accordance with the criteria and procedures set forth in sections 2953.74 to 2953.81 of the Revised Code and, in making the determination, shall consider the application, the supporting affidavits, and the documentary evidence and, in addition to those materials, shall consider all the files and records pertaining to the proceedings against the applicant, including, but not limited to, the indictment, the court's journal entries, the journalized records of the clerk of the court, and the court reporter's transcript and all responses to the application filed under division (C) of this section by a prosecuting attorney or the attorney general, unless the application and the files and records show the applicant is not entitled to DNA testing, in which case the application may be denied. The court is not required to conduct an evidentiary hearing in conducting its review of, and in making its determination as to whether to accept or reject, the application. Upon making its determination, the court shall enter a judgment and order that either accepts or rejects the application and that includes within the judgment and order the reasons for the acceptance or rejection as applied to the criteria and procedures set forth in sections 2953.71 to 2953.81 of the Revised Code. The court shall send a copy of the judgment and order to the eligible offender who filed it, the prosecuting attorney, and the attorney general.
(E) A judgment and order of a court entered under division (D) of this section is appealable only as provided in this division. If an eligible offender submits an application for DNA testing under section 2953.73 of the Revised Code and the court of common pleas rejects the application under division (D) of this section, one of the following applies:
(1) If the offender was sentenced to death for the offense for which the offender claims to be an eligible offender and is requesting DNA testing, the offender may seek leave of the supreme court to appeal the rejection to the supreme court. Courts of appeals do not have jurisdiction to review any rejection if the offender was sentenced to death for the offense for which the offender claims to be an eligible offender and is requesting DNA testing.
(2) If the offender was not sentenced to death for the offense for which the offender claims to be an eligible offender and is requesting DNA testing, the rejection is a final appealable order, and the offender may appeal it to the court of appeals of the district in which is located that court of common pleas.
(F) Notwithstanding any provision of law regarding fees and costs, no filing fee shall be required of, and no court costs shall be assessed against, an eligible offender who is indigent and who submits an application under this section.
(G) If a court rejects an eligible offender's application for DNA testing under division (D) of this section, unless the rejection is overturned on appeal, no court shall require the state to administer a DNA test under sections 2953.71 to 2953.81 of the Revised Code on the eligible offender.
Notes of Decisions
Cited in 90
cases (38 in the last 5 years), 2005–2026 · leading case: State v. Noling (Slip Opinion), 2016-Ohio-8252, 75 N.E.3d 141.
State v. Noling (Slip Opinion), 2016-Ohio-8252, 75 N.E.3d 141. · cites it 80ד73 are severed—After severance, R.C. 2953.73 entitles capital offenders to appeals of right to this court.”
State v. Noling, 2013-Ohio-1764, 992 N.E.2d 1095. · cites it 61דIf an eligible offender submits an application for DNA testing under section 2953.73 of the Revised Code and the court of common pleas rejects the application * * *, one of the following applies: 10 January Term, 2013 (1) If the offender was sentenced to death for the offense…”
State v. Noling (Slip Opinion), 2018-Ohio-795, 101 N.E.3d 435. · cites it 34ד78 specifies: (A) If an eligible offender submits an application for DNA testing under [R.C. 2953.73] and if the application is accepted and DNA testing is to be performed, the court shall select the testing authority to be used for the testing.”
State v. Buehler, 863 N.E.2d 124 (Ohio 2007). · cites it 19דThe Instant Appeal {¶ 8} On October 29, 2004, Buehler filed an application for DNA testing with the trial court in accordance with R.C. 2953.73, arguing that Hedrick had committed the offense and that a test of material retrieved from under O’Brien’s fingernails would reveal…”
State v. Riley, 2024-Ohio-5712, 253 N.E.3d 92. · cites it 38ד] Criminal law—R.C. 2953.73—Postconviction DNA testing—Trial court did not comport with the requirements of R.”
State v. Prade, 2010-Ohio-1842, 126 Ohio St. 3d 27. · cites it 12ד74, concerning the effect of prior tests: {¶ 10} “(A) If an eligible inmate submits an application for DNA testing under section 2953.73 of the Revised Code and a prior definitive DNA test has been conducted regarding the same biological evidence that the inmate seeks to have…”
State v. Spaulding, 2018-Ohio-3663, 119 N.E.3d 859. · cites it 6דPending legislation would amend R.C. 2953.73(E) to provide district courts of appeals with jurisdiction over appeals of all rejections of applications for DNA testing from courts of common pleas, whether or not the offender was sentenced to death.”
State v. King, 2017-Ohio-181. · cites it 11ד81(B) provides that if DNA testing is performed under R.C. 2953.73, “[t]he results of the testing are a public record.”
State v. Wilkins, 839 N.E.2d 457 (Ohio Ct. App. 9th Dist. 2005). · cites it 8ד74(B), this section maintains that if an eligible inmate submits an application under R.C. 2953.73, the trial court may accept the application only if one of the following applies: (1) The inmate did not have a DNA test taken at the trial stage in the case in which the inmate…”
State v. Gavin, 2022-Ohio-3027, 195 N.E.3d 226. · cites it 8ד{¶17} R.C. 2953.73, which governs submissions of applications for postconviction testing, provides in section (A) as follows: (A) An eligible offender who wishes to request DNA testing to be conducted under sections 2953.”
State v. Mason, 2020-Ohio-6895. · cites it 8ד{¶11} On March 23, 2005, Mason filed an Application for DNA testing pursuant to R.C. 2953.73. The State filed a response to this motion on April 22, 2005.”
State v. Ridley, 2020-Ohio-2779, 154 N.E.3d 462. · cites it 6ד73, an “eligible offender”1 who wishes to request postconviction DNA testing “shall submit an application for DNA testing on a form prescribed by the attorney general for this purpose and shall submit the form to the court of common pleas that sentenced the offender for the…”
State v. Noling, 2013-Ohio-1764, 992 N.E.2d 1095. “If an eligible offender submits an application for DNA testing under section 2953.73 of the Revised Code and the court of common pleas rejects the application * * *, one of the following applies: 10 January Term, 2013 (1) If the offender was sentenced to death for the offense…”
State v. Ridley, 2020-Ohio-2779, 154 N.E.3d 462. “73, an “eligible offender”1 who wishes to request postconviction DNA testing “shall submit an application for DNA testing on a form prescribed by the attorney general for this purpose and shall submit the form to the court of common pleas that sentenced the offender for the…”
State v. Riley, 2024-Ohio-5712, 253 N.E.3d 92. “] Criminal law—R.C. 2953.73—Postconviction DNA testing—Trial court did not comport with the requirements of R.”
State v. Wilkins, 839 N.E.2d 457 (Ohio Ct. App. 9th Dist. 2005). “74(B), this section maintains that if an eligible inmate submits an application under R.C. 2953.73, the trial court may accept the application only if one of the following applies: (1) The inmate did not have a DNA test taken at the trial stage in the case in which the inmate…”
State v. Noling (Slip Opinion), 2016-Ohio-8252, 75 N.E.3d 141. “73 are severed—After severance, R.C. 2953.73 entitles capital offenders to appeals of right to this court.”
State v. Buehler, 863 N.E.2d 124 (Ohio 2007). “The Instant Appeal {¶ 8} On October 29, 2004, Buehler filed an application for DNA testing with the trial court in accordance with R.C. 2953.73, arguing that Hedrick had committed the offense and that a test of material retrieved from under O’Brien’s fingernails would reveal…”
State v. King, 2017-Ohio-181. “81(B) provides that if DNA testing is performed under R.C. 2953.73, “[t]he results of the testing are a public record.”
Ohio Rev. Code § 2953.73(E): 7 cases
State v. Noling (Slip Opinion), 2016-Ohio-8252, 75 N.E.3d 141. “73 are severed—After severance, R.C. 2953.73 entitles capital offenders to appeals of right to this court.”
State v. Noling, 2013-Ohio-1764, 992 N.E.2d 1095. “If an eligible offender submits an application for DNA testing under section 2953.73 of the Revised Code and the court of common pleas rejects the application * * *, one of the following applies: 10 January Term, 2013 (1) If the offender was sentenced to death for the offense…”
State v. Noling (Slip Opinion), 2018-Ohio-795, 101 N.E.3d 435. “78 specifies: (A) If an eligible offender submits an application for DNA testing under [R.C. 2953.73] and if the application is accepted and DNA testing is to be performed, the court shall select the testing authority to be used for the testing.”
State v. Spaulding, 2018-Ohio-3663, 119 N.E.3d 859. “Pending legislation would amend R.C. 2953.73(E) to provide district courts of appeals with jurisdiction over appeals of all rejections of applications for DNA testing from courts of common pleas, whether or not the offender was sentenced to death.”
State v. Noling (Slip Opinion), 2016-Ohio-8252, 75 N.E.3d 141. “73 are severed—After severance, R.C. 2953.73 entitles capital offenders to appeals of right to this court.”
State v. Noling, 2013-Ohio-1764, 992 N.E.2d 1095. “If an eligible offender submits an application for DNA testing under section 2953.73 of the Revised Code and the court of common pleas rejects the application * * *, one of the following applies: 10 January Term, 2013 (1) If the offender was sentenced to death for the offense…”
State v. Noling (Slip Opinion), 2018-Ohio-795, 101 N.E.3d 435. “78 specifies: (A) If an eligible offender submits an application for DNA testing under [R.C. 2953.73] and if the application is accepted and DNA testing is to be performed, the court shall select the testing authority to be used for the testing.”
State v. Spaulding, 2018-Ohio-3663, 119 N.E.3d 859. “Pending legislation would amend R.C. 2953.73(E) to provide district courts of appeals with jurisdiction over appeals of all rejections of applications for DNA testing from courts of common pleas, whether or not the offender was sentenced to death.”
State v. Noling (Slip Opinion), 2016-Ohio-8252, 75 N.E.3d 141. “73 are severed—After severance, R.C. 2953.73 entitles capital offenders to appeals of right to this court.”
State v. Noling (Slip Opinion), 2018-Ohio-795, 101 N.E.3d 435. “78 specifies: (A) If an eligible offender submits an application for DNA testing under [R.C. 2953.73] and if the application is accepted and DNA testing is to be performed, the court shall select the testing authority to be used for the testing.”
State v. Noling, 2013-Ohio-1764, 992 N.E.2d 1095. “If an eligible offender submits an application for DNA testing under section 2953.73 of the Revised Code and the court of common pleas rejects the application * * *, one of the following applies: 10 January Term, 2013 (1) If the offender was sentenced to death for the offense…”
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