State v. Long, 2011 Ohio 6381

Long was convicted of murder in 2004 and challenged the conviction on direct appeal to this court and the Ohio Supreme Court.
In 2010 this court remanded for sentence correction due to an unauthorized term of postrelease control; the common pleas court corrected the sentence in 2011.
In May 2010 Long applied for DNA testing under R.C. 2953.71 et seq.; the trial court denied the request.
Long appealed the denial, arguing the trial court’s order was final and appealable.
The trial court’s DNA decision was memorialized without the statutorily required reasons, creating a non-final, non-appealable order.
The First District dismissed the appeal for lack of a final appealable order.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the DNA-testing denial is a final appealable order	Long contends the denial is final and appealable.	Long’s appeal fails because the order lacks required reasons per statute.	Appeal dismissed for lack of final appealable order.

State v. Long, 1st Dist. No. C-040643, 2006-Ohio-962 (Ohio Supreme Court (appeal not accepted for review)) (concerning prior direct-review proceedings)
State v. Thomas, 2005-Ohio-6823 (1st Dist. No. C-050245) (remind of statutory requirements for DNA-entry reasons)
State v. Mapson, 1 Ohio St.3d 217, 438 N.E.2d 910 (1982) (finality requirements for DNA-related orders)
State v. Lemons, 2010-Ohio-1445 (11th Dist. No. 2010-T-0008) (jurisdictional finality of DNA-entry decisions)
State v. Hayden, 2005-Ohio-4025 (2nd Dist. No. 20747) (requirement to provide reasons in DNA-denial entries)
State v. Newell, 2005-Ohio-2853 (8th Dist. No. 85280) (analysis of final-appealability for DNA rulings)
State v. Hickman, 2005-Ohio-472 (9th Dist. No. 22279) (statutory mandate for explanation in DNA orders)
State v. Price, 165 Ohio App.3d 198, 2006-Ohio-180 (1st Dist. No. C-050245) (remand for detailed reasoning in denial of DNA testing)
State v. Smith, 2007-Ohio-2369 (8th Dist. No. 87937) (need for explanation of outcome-determinative testing)