If an eligible offender submits an application for DNA testing under section 2953.73 of the Revised Code, the court shall require the prosecuting attorney to consult with the testing authority and to prepare findings regarding the quantity and quality of the parent sample of the biological material collected from the crime scene or victim of the offense for which the offender is an eligible offender and is requesting the DNA testing and that is to be tested, and of the chain of custody and reliability regarding that parent sample, as follows:
(A) The testing authority shall determine whether there is a scientifically sufficient quantity of the parent sample to test and whether the parent sample is so minute or fragile that there is a substantial risk that the parent sample could be destroyed in testing. The testing authority may determine that there is not a sufficient quantity to test in order to preserve the state's ability to present in the future the original evidence presented at trial, if another trial is required. Upon making its determination under this division, the testing authority shall prepare a written document that contains its determination and the reasoning and rationale for that determination and shall provide a copy to the court, the eligible offender, the prosecuting attorney, and the attorney general. The court may determine in its discretion, on a case-by-case basis, that, even if the parent sample of the biological material so collected is so minute or fragile as to risk destruction of the parent sample by the extraction, the application should not be rejected solely on the basis of that risk.
(B) The testing authority shall determine whether the parent sample has degraded or been contaminated to the extent that it has become scientifically unsuitable for testing and whether the parent sample otherwise has been preserved, and remains, in a condition that is suitable for testing. Upon making its determination under this division, the testing authority shall prepare a written document that contains its determination and the reasoning and rationale for that determination and shall provide a copy to the court, the eligible offender, the prosecuting attorney, and the attorney general.
(C) The court shall determine, from the chain of custody of the parent sample of the biological material to be tested and of any test sample extracted from the parent sample and from the totality of circumstances involved, whether the parent sample and the extracted test sample are the same sample as collected and whether there is any reason to believe that they have been out of state custody or have been tampered with or contaminated since they were collected. Upon making its determination under this division, the court shall prepare and retain a written document that contains its determination and the reasoning and rationale for that determination.
Notes of Decisions
Cited in 17
cases (8 in the last 5 years), 2005–2026 · leading case: State v. Noling (Slip Opinion), 2018 Ohio 795 (Ohio 2018).
State v. Noling (Slip Opinion), 2018 Ohio 795 (Ohio 2018). · cites it 12ד” See R.C. 2953.76 (after an application for DNA testing is submitted, prosecutor shall consult with the testing authority and prepare findings regarding the quantity and quality of the parent sample requested for testing).”
State v. Wilkins, 839 N.E.2d 457 (Ohio Ct. App. 2005). · cites it 7דASSIGNMENT OF ERROR III The trial court erred by failing to “require the prosecuting attorney to consult with the testing authority and to prepare findings regarding the quantity and quality,” the chain of custody, and the reliability of the parent sample of biological material…”
State v. Buehler, 863 N.E.2d 124 (Ohio 2007). · cites it 2ד{¶ 17} “(2) The testing authority determines all of the following pursuant to section 2953.76 of the Revised Code regarding the parent sample of the biological material described in division (C)(1) of this section: {¶ 18} “(a) The parent sample of the biological material so…”
State v. Rawls, 2016 Ohio 7962 (Ohio Ct. App. 2016). · cites it 4ד(2) The testing authority determines all of the following pursuant to section 2953.76 of the Revised Code regarding the parent sample of the biological material described in division (C)(1) of this section: (a) The parent sample of the biological material so collected contains…”
State v. Gavin, 2022 Ohio 3027 (Ohio Ct. App. 2022). · cites it 4ד(2) The testing authority determines all of the following pursuant to section 2953.76 of the Revised Code regarding the parent sample of the biological material described in division (C)(1) of this section: (a) The parent sample of the biological material so collected contains…”
State v. Warren, 2022 Ohio 4743 (Ohio Ct. App. 2022). · cites it 4ד{¶ 20} We note, however, that another statute, R.C. 2953.76(B), obligates the testing authority to determine, among other things, whether a sample of biological material has been “contaminated to the extent that it has become scientifically unsuitable for testing” and to…”
State v. Ridley, 2020 Ohio 2779 (Ohio Ct. App. 2020). · cites it 2ד(2) The testing authority determines all of the following pursuant to [R.C. 2953.76] regarding the parent sample of the biological material described in [R.”
State v. Buehler, 841 N.E.2d 831 (Ohio Ct. App. 2005). · cites it 10ד76 mandates that the court require the prosecuting attorney to prepare a report detailing the quality, quantity, chain of custody, and reliability of any pertinent DNA samples. This court held that the trial court’s denial of the defendant’s application for DNA testing was…”
State v. Combs, 834 N.E.2d 869 (Ohio Ct. App. 2005). · cites it 2ד{¶ 21} “(2) The testing authority determines all of the following pursuant to section 2953.76 of the Revised Code regarding the parent sample of the biological material described in division (C)(1) of this section: {¶ 22} “ * * * {¶ 23} “(3) The court determines that, at the…”
State v. Livingston, 2022 Ohio 3312 (Ohio Ct. App. 2022). · cites it 4ד(2) The testing authority determines all of the following pursuant to section 2953.76 of the Revised Code regarding the parent sample of the biological material described in division (C)(1) of this section: 3 OHIO FIRST DISTRICT COURT OF APPEALS (a) The parent sample of the…”
State v. Daniels, 2020 Ohio 3810 (Ohio Ct. App. 2020). “75 AND R.C. 2953.76.” I., II., III. {¶30} In each of his assignments of error, Appellant argues the trial court erred in denying his application for DNA testing.”
State v. Noling (Slip Opinion), 2018 Ohio 795 (Ohio 2018). “” See R.C. 2953.76 (after an application for DNA testing is submitted, prosecutor shall consult with the testing authority and prepare findings regarding the quantity and quality of the parent sample requested for testing).”
— Ohio Rev. Code § 2953.76(B) — 2 cases
State v. Warren, 2022 Ohio 4743 (Ohio Ct. App. 2022). “{¶ 20} We note, however, that another statute, R.C. 2953.76(B), obligates the testing authority to determine, among other things, whether a sample of biological material has been “contaminated to the extent that it has become scientifically unsuitable for testing” and to…”
State v. Warren, 2022 Ohio 4743 (Ohio Ct. App. 2022). “{¶ 20} We note, however, that another statute, R.C. 2953.76(B), obligates the testing authority to determine, among other things, whether a sample of biological material has been “contaminated to the extent that it has become scientifically unsuitable for testing” and to…”
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