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State v. Biggs

Court of Appeals of Ohio, Fifth District

July 29, 2013

STATE OF OHIO, Plaintiff-Appellee
v.
JAY LEWIS BIGGS, Defendant-Appellant

Appeal from the Court of Common Pleas, Case No. 2008CR0653

For Plaintiff-Appellee PAUL L. SCARSELLA CHRYSSA HARTNETT

For Defendant-Appellant CARRIE WOOD MARK GODSEY ADAM VANHO

Hon. William B. Hoffman, P.J. Hon. Sheila G. Farmer, J. Hon. Patricia A. Delaney, J.

OPINION

Farmer, J.

{¶1} On May 28, 2008, the Stark County Grand Jury indicted appellant, Jay Lewis Biggs, on two counts of aggravated murder with death penalty specifications in violation of R.C. 2903.01, two counts of murder in violation of R.C. 2903.02, one count of rape in violation of R.C. 2907.02, and one count of endangering children in violation of R.C. 2919.22. Said charges arose from the death of appellant's four month old daughter.

{¶2} A jury trial commenced on October 1, 2008. The jury found appellant guilty as charged, and recommended that appellant serve a term of life imprisonment without the possibility of parole. By judgment entry filed December 5, 2008, the trial court sentenced appellant to life in prison without parole. Appellant's conviction was affirmed on appeal. State v. Biggs, 5th Dist. Stark No. 2008CA00285, 2009-Ohio-6885. The Supreme Court of Ohio declined to hear an appeal. State v. Biggs, 125 Ohio St.3d 1438, 2010-Ohio-2212.

{¶3} On November 7, 2012, the Ohio Innocence Project filed a motion to release biological samples in the case. The Innocence Project sought new copies of the tissue slides in order to evaluate appellant's case for any possible postconviction proceedings. By judgment entry filed December 12, 2012, the trial court denied the motion.

{¶4} Appellant filed an appeal and this matter is now before this court for consideration. Assignment of error is as follows:

I

{¶5} "THE TRIAL COURT ERRED WHEN IT CREATED A CIRCULAR AND SELF-DEFEATING LEGAL STANDARD FOR OBTAINING TISSUE SLIDES FROM AN AUTOPSY SUCH THAT NO APPLICATION FOR TISSUE SLIDES FROM AN AUTOPSY WOULD EVER BE GRANTED IN VIOLATION OF BOTH THE U.S. AND OHIO CONSTITUTIONS."

II

{ΒΆ6} "THE TRIAL COURT ERRED IN FAILING TO RELEASE RE-CUTS OF THE TISSUE SLIDES TO DEFENDANT'S FOUR LISTED EXPERTS AS REQUIRED BY BOTH OHIO LAW AND ...


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