The Ohio Court of Appeals recently affirmed a lower court's decision to deny Andre Thompson's request for postconviction DNA testing related to his 2007 murder conviction. Thompson, who is currently serving a 53-year prison sentence, sought DNA analysis on shell casings from the crime scene, arguing that it could prove his innocence. However, the court ruled that even if DNA testing excluded him as a contributor, it would not change the outcome of his trial.
This case is significant as it highlights the challenges defendants face when seeking DNA testing after a conviction. The ruling underscores the importance of the evidence presented during the original trial and the legal standards that must be met for postconviction DNA testing requests.
Background
Andre Thompson was convicted in 2007 for the aggravated murder of Reginald Roberson, along with the attempted murders of Carnail Duckworth and Antonio Knott. He was sentenced to 53 years to life in prison. His conviction was upheld by the Ohio Court of Appeals in 2009. Thompson's case gained renewed attention when he filed for postconviction DNA testing in November 2023, seeking to analyze eight .40 caliber Smith and Wesson shell casings recovered from the crime scene.
The State of Ohio opposed Thompson's request, arguing that he did not meet the legal requirements for DNA testing under Ohio Revised Code (R.C.) 2953.74. The State claimed that the shell casings were likely contaminated during previous examinations, making it doubtful that any usable DNA evidence would be obtained. They also argued that even if DNA testing excluded Thompson, it would not prove he was innocent of the crimes.
The Ruling
The Ohio Court of Appeals, led by Judge Kathleen Ann Keough, upheld the trial court's decision to deny Thompson's application for DNA testing. The court found that Thompson's request did not satisfy the necessary legal criteria outlined in R.C. 2953.74. Judge Keough stated, "Even if the Court assumed that the casings contained an exclusionary result... such a result would neither confirm nor disconfirm that Thompson was the shooter."
The court emphasized that the overwhelming evidence of Thompson's guilt, including eyewitness testimony, outweighed any potential impact from DNA testing. The trial court had determined that even if DNA testing were conducted and an exclusion result obtained, it would not be outcome determinative in light of the evidence presented during the original trial.
Impact
This ruling has important implications for future cases involving postconviction DNA testing requests. It reinforces the idea that courts will closely examine the context of the evidence presented at trial when considering such requests. The court's decision suggests that even if DNA testing could potentially exclude a defendant, it may not be enough to overturn a conviction if there is strong evidence of guilt.
Thompson's case also raises questions about the standards for DNA testing in postconviction cases. The court's ruling indicates that defendants must meet strict legal criteria to have their requests granted, particularly regarding the potential impact of the DNA evidence on the outcome of their trials.
What's Next
Thompson's legal options appear limited following this ruling. He may seek further appeals, but the court's decision sets a high bar for obtaining postconviction DNA testing. There are no related cases pending that could directly affect the outcome of Thompson's situation.











