Ohio § 2953.78

§ 2953.78.

(A) If an eligible offender submits an application for DNA testing under section 2953.73 of the Revised Code and if the application is accepted and DNA testing is to be performed, the court

shall select the testing authority to be used for the testing.  A court shall not select or use a testing authority for DNA testing unless the attorney

general approves or designates the testing authority pursuant to division (C) of this

section and unless the testing authority satisfies the criteria set forth in section 2953.80 of the Revised Code . (B) If a court selects a testing authority pursuant to division (A) of this section and

the eligible offender for whom the test is to be performed objects to the use of the

selected testing authority, the court shall rescind its prior acceptance of the application

for DNA testing for the offender and deny the application.  An objection as described in this division, and the resulting rescission and denial,

do not preclude a court from accepting in the court's discretion, a subsequent application

by the same eligible offender requesting DNA testing. (C) The attorney general shall approve or designate testing authorities that may be selected

and used to conduct DNA testing, shall prepare a list of the approved or designated

testing authorities, and shall provide copies of the list to all courts of common

pleas.  The attorney general shall update the list as appropriate to reflect changes in

the approved or designated testing authorities and shall provide copies of the updated

list to all courts of common pleas.  The attorney general shall not approve or designate a testing authority under this

division unless the testing authority satisfies the criteria set forth in section 2953.80 of the Revised Code .  A testing authority that is equipped to handle advanced DNA testing may be approved

or designated under this division, provided it satisfies the criteria set forth in

that section. (D) The attorney general's approval or designation of testing authorities under division

(C) of this section, and the selection and use of any approved or designated testing

authority, do not afford an offender any right to subsequently challenge the approval,

designation, selection, or use, and an offender may not appeal to any court the approval,

designation, selection, or use of a testing authority.