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This undated photo released by the Ohio Department of Rehabilitation and Correction shows Tyrone Noling. The Ohio Supreme Court has sided with the death row inmate who sought DNA testing on a cigarette butt found near the scene of the 1990 double murder that led to his sentence.At issue in the case was whether there is a constitutional appeals process for death row prisoners who have requests for DNA testing denied after a trial ends. The divided court ruled 4-3 Wednesday, Dec. 21, 2016, that part of a law denying that appeals process is unconstitutional. (Ohio Department of Rehabilitation and Correction via AP)

This undated photo released by the Ohio Department of Rehabilitation and Correction shows Tyrone Noling. The Ohio Supreme Court has sided with the death row inmate who sought DNA testing on a cigarette butt found near the scene of the 1990 double murder that led to his sentence.At issue in the case was whether there is a constitutional appeals process for death row prisoners who have requests for DNA testing denied after a trial ends. The divided court ruled 4-3 Wednesday, Dec. 21, 2016, that part of a law denying that appeals process is unconstitutional. (Ohio Department of Rehabilitation and Correction via AP)

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