COLUMBUS, Ohio (AP) — The Ohio Supreme Court plans to hear arguments in the case of a condemned inmate whose attorneys argue DNA testing could help exonerate him.
At issue is the case of death row prisoner Tyrone Noling, convicted in 1996 of fatally shooting an elderly Portage County couple at their home.
The Supreme Court on Monday scheduled a Jan. 8 hearing for arguments from both sides.
Lawyers for the Ohio Innocence Project want to test a cigarette butt found at the scene against DNA profiles of offenders in a national database, including a convicted killer who was executed.
The state says previous tests have excluded Noling as the smoker of the butt and says new testing would prove nothing.
A lower court judge has twice denied the request.