Tag Archives: Postconviction Review

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

“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 … Continue reading

Posted in Constitutional Law, Merit Decisions, Ohio Supreme Court Watch | Tagged , , |

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

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 … Continue reading

Posted in Constitutional Law, Death Penalty, Ohio Supreme Court Watch, What's On Their Minds? | Tagged , |