Opinion
2005-2336.
January 25, 2006.
Cuyahoga App. No. 85796, 2005-Ohio-5717.
MOTION AND PROCEDURAL RULINGS
On review of order certifying a conflict. The court determines that a conflict exists. The parties are to brief the issue stated in the court of appeals' Journal Entry filed November 29, 2005:
"Must a trial court read R.C. 2953.74 sequentially so that an eligible inmate seeking a DNA test must first meet the outcome determinative criteria set forth in R.C. 2953.74(B)(1) or (B)(2) before a court considers R.C. 2953.74(C) and requires a prosecutor report as provided in R.C. 2953.75?"
O'DONNELL, J., dissents.
The conflict case is State v. Wilkins, Summit App. No. 22493, 2005-Ohio-5193.