COLUMBUS, Ohio - The Ohio Supreme Court says a judge should reconsider an inmate's request for new DNA testing on a cigarette butt from the scene of a double murder that led to the prisoner's death sentence.
The 5-2 ruling Thursday clarifies the handling of requests for retesting DNA after convictions in Ohio. It says a lower court wrongly denied Tyrone Noling's second request for new testing without considering updated requirements in state law.
Earlier testing showed Noling hadn't smoked the cigarette. He contends technological advances make it possible to identify the smoker and determine whether that person was among previously undisclosed suspects.
The court says re-testing is allowed under certain conditions, including disclosing new information that an earlier test couldn't.
Noling was convicted of killing a Portage County couple in 1990.