Ohio Court of Appeals March 23, 2007, No. 21505. (State v. Emerick)

Donovan, Judge.

{¶ 1} Defendant-appellant, Edmund E. Emerick III, appeals a decision of the Montgomery County Court of Common Pleas that overruled his application for postconviction deoxyribonucleic acid (“DNA”) testing. Emerick filed his memorandum in support of his application for postconviction DNA testing on October 28, 2005. On November 30, 2005, the state filed its responsive brief.