State v. ConnerState v. Conner
JUDGMENT: REVERSED AND REMANDED
RELEASED AND JOURNALIZED: September 3, 2020
Appearances:
Michael C. O’Malley, Cuyahoga County Prosecuting Attorney, and Daniel Van and Katherine Mullin, Assistant Prosecuting Attorneys, for aрpellee.
Ohio Innocence Project and Donald R. Caster, for appellant.
MICHELLE J. SHEEHAN, J.:
{¶ 1} Pursuant to
{¶ 2} The test regarding whether to grant a motion for reconsideration under
{¶ 3} On July 16, 2020, we determined that because the trial court’s entry did not include any explanation for the denial of Conner’s application for DNA
{¶ 4} On July 20, 2020, the Ohio Supreme Court released Dinkelacker in which it explicitly overruled Mapson ”to the extent that Mapson * * * hold[s] that a petitioner seeking postconviction relief may not appeal an adverse judgment unless the judgment entry contains findings of fact and conclusions of law.” Dinkelacker at ¶ 3. The Supreme Court held that a trial court’s failure to issue findings of fact and conclusions of lаw when ruling on a postconviction petition does not deprive an appellate court of jurisdiction, but rather, the failure to issue findings of fact and conclusions of law is an error that may be raised on appeal. Id.
{¶ 5} In light of the timely decision in Dinkelacker, Slip Opinion No. 2020-Ohio-3774, overruling Mapson, we grant Conner’s motion for reconsideration. We therefore vacate the earlier opinion and issue this opinion in its place. See
Background
{¶ 6} In September 2012, Conner was charged in a multiple-count indictment for a shooting that occurred outside of a local nightclub and resulted in an individual’s death. In January 2013, a jury convicted Conner of aggravated
{¶ 7} In May 2019, Conner filed an application for DNA testing, asserting thаt he has met all of the requirements for postconviction DNA testing under
{¶ 8} Conner therefore requested the court (1) order the upload of the DNA profile already developed from the murder weapon to the Combined Index DNA System (“CODIS”); (2) order the testing of the shell casings collеcted at the crime scene for DNA, the development of DNA profiles from such evidence, and the upload
{¶ 9} On July 26, 2019, the trial court denied the application. The journal entry stated in its entirety, ”Defendant’s motion for application of DNA testing filed 5/02/19 is denied.”
{¶ 10} On August 9, 2019, Conner appealed the trial court’s denial of his application for DNA testing, raising two assignments of error for our review: (1) thе trial court erred in denying Appellant’s application for postconviction DNA testing; and (2) the trial court erred when it failed to explain the reasons for its decision. In support of his first assignment of error, Conner argued that prior tеsting was not definitive, biological material that was collected from the crime scene still exists, the sample is suitable for DNA testing and uploading to CODIS, there was no physical evidence linking Conner to the victim’s death, and a CODIS match would bе outcome determinative. In his second assignment of error, Conner argued that because the trial court failed to state its reasons for denying his application, as mandated by
{¶ 11} Conner contends in his second assignment of error that the trial court erred in failing to state its reasons fоr denying his application in violation of
{¶ 12} We review the trial court’s denial of an eligible offender’s application for DNA testing for an abuse of discretion.
{¶ 13}
If an eligible offender submits an application for DNA testing under division (A) of this section, the court shall make the determinаtion as to whether the application should be accepted or rejected. * * * The court shall make the determination in accordance with the criteria and procedures set forth in sections 2953.74 to 2953.81 of the Revised Code and, in making the determination, shall consider the application, the supporting affidavits, and the documentary evidence and, in addition to those materials, shall consider all the files and records pertaining to the proceedings against the applicant, including, but not limited to, the indictment, the court’s journal entries, the journalized records of the clerk of the court, and the court reporter’s transcript and all responses to the appliсation filed under division (C) of this section by a prosecuting attorney or the attorney general, unless the application and the files and records show the applicant is not entitled to DNA testing, in which case the applicatiоn may be denied. * * * Upon making its determination, the court shall enter a judgment and order that either accepts or rejects the application and that includes within the
judgment and order the reasons for the acceptance or rejection as applied to the criteria and procedures set forth in sections 2953.71 to 2953.81 of the Revised Code.
(Emphasis added.)
{¶ 14} This court has repeatedly held that the failure to provide an explanation for rejecting a dеfendant’s application under
{¶ 15} In Richard, the trial court denied the defendant’s application for postconviction DNA testing, stating in its judgment entry, “‘Defendant’s application for DNA testing * * * is denied, as it does not fulfill the requirement of the statute as to being outcome determinative.’” Id., 8th Dist. Cuyahoga No. 99449, 2013-Ohio-3918, at ¶ 9. This court found the trial court’s judgment failed to “provide any reasons explaining how the court reached this conclusion” and is therefore contrary to law and constitutes an abuse of discretion. Id. We explained that “the term ‘outcome determinative’ is a conclusion based upon consideration of all the available evidence. It is not a reason in and of itself. Therefore, the court is bound by
{¶ 16} Here, in its judgment entry, the trial court summarily denied Conner’s application fоr DNA testing by stating only that “Defendant’s motion for application of DNA testing filed 5/02/19 is denied.” The court failed to provide any reasons for its denial, or “rejection,” of Conner’s application, much less the ”outcome determinative” conclusion. Because the trial court’s judgment in this case provides no basis for this court to review the trial court’s decision — neither analysis nor conclusion, it is contrary to law and therefore constitutes an abuse of discretion. Smith at ¶ 9.
{¶ 17} In light of thе foregoing, Conner’s second assignment of error is sustained. We reverse the judgment of the trial court and remand this cause for further proceedings consistent with this decision.
{¶ 18} Having sustained the second assignment of error, Conner’s first assignment of еrror is hereby rendered moot.
{¶ 19} Judgment reversed and remanded.
It is ordered that appellant recover of appellee costs herein taxed.
The court finds there were reasonable grounds for this appeal.
It is ordered that a special mаndate issue out of this court directing the common pleas court to carry this judgment into execution.
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MICHELLE J. SHEEHAN, JUDGE
SEAN C. GALLAGHER, P.J., and
RAYMOND C. HEADEN, J., CONCUR