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Merit Decision: Capital Defendants to get Appeal of Right to High Court for Postconviction Denial of DNA Testing. State v. Noling.

By Marianna Bettman on December 26, 2016

“Are we to value speed over certainly? Of all cases that cry out for certainty, it is cases that result in the extinguishing of a human life.”

Chief Justice O’Connor, majority opinion

On December 21, 2016, the Supreme Court of Ohio handed down a merit decision in State v. Noling, 2016-Ohio-8252. In an opinion written…

What’s On Their Minds: Permissibility of Disparate Treatment for Capital Defendants in Postconviction Review of Applications for DNA Testing. State v. Noling.

By Marianna Bettman on July 21, 2016

Update: On December 21, 2016, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.

“A non-capital defendant is afforded an appellate review that is not discretionary. The appellate court has to do that. In a capital case, they (capital defendants) get a bite at the apple of…