2018 Ohio 1382
Ohio Ct. App.2018Background
- Daniel Littlepage pled guilty to aggravated murder in January 2014 and was convicted.
- He exhausted direct appeal and prior postconviction challenges before 2016.
- In March 2016 Littlepage filed an Application for DNA Testing under R.C. 2953.71–.81 seeking testing of boots, clothes, skin, and a gun shell from the crime scene.
- He later filed a Motion to Compel the Hamilton County Prosecutor to process and perform the requested DNA testing.
- The common pleas court denied the application and motion, finding the request nonspecific, that prior DNA testing had occurred at trial, that DNA testing would not be outcome-determinative, and that Littlepage had pleaded guilty.
- The court of appeals affirmed, holding Littlepage was ineligible for relief under the DNA-testing statutes because his conviction followed a guilty plea.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a postconviction DNA-testing application under R.C. 2953.71–.81 is available to a defendant who pleaded guilty | State: Statute excludes applicants who pleaded guilty; court properly denied application | Littlepage: Sought testing of specified physical evidence and asked court to compel testing despite guilty plea | Court: Denied—statute bars applicants who pleaded guilty; court correctly overruled motion to compel |
Key Cases Cited
(No cited authorities in the opinion have official reporter citations suitable for this list.)