THE STATE OF OHIO, Appellee,
v.
NOLING, Appellant.
Supreme Court of Ohio.https://leagle.com/images/logo.png
Submitted January 8, 2013.
Decided May 2, 2013.
Attorney(s) appearing for the Case
Victor V. Vigluicci, Portage County Prosecuting Attorney, and Pamela J. Holder, Assistant Prosecuting Attorney, for appellee.
Ohio Innocence Project, Mark A. Godsey, and Carrie Wood; and Timothy Young, Ohio Public Defender, and Jennifer A. Prillo, Assistant State Public Defender, for appellant.
Supreme Court of Ohio.
LANZINGER, J.
{¶ 1} Tyrone Noling, the defendant-appellant in this capital case, has appealed from an order of the Court of Common Pleas of Portage County rejecting his second application for postconviction DNA testing. Two issues are presented: (1) whether R.C. 2953.73(E)(1) is constitutional in conferring appellate jurisdiction upon this court from a trial court's denial of postconviction DNA testing in a case in which the death penalty was imposed...
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