State v. Roberts
Annotate this CaseA jury found Appellant guilty of aggravated murder and aggravated robbery. After Appellant's convictions and sentence were affirmed, Appellant filed a pro se motion to order the preservation and listing of evidence pursuant to Ohio Rev. Code 2933.82. The trial court denied the motion. The court of appeals affirmed, holding (1) because section 2933.82 became effective in 2010, and Appellant was convicted in 1997, the statute would have to be applied retrospectively if it were to apply at all in this case; (2) because the statute did not contain an express, clear provision for retroactive application, it did not apply retrospectively; and (3) Appellant could not benefit from retrospective application of the statute. At issue on appeal was whether the obligation to preserve and catalog criminal-offense-related biological evidence imposed upon certain government entities by section 2933.82 applies to evidence in the possession of those entities at the time of the statute's effective date. The Supreme Court held that section 2933.82 is not retroactive, but it does apply to biological evidence in the possession of governmental evidence-retention entities at the time of its effective date. Remanded.
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