State v Roberts, 2012 -Ohio- 5684, 12/6/12, The obligation to preserve and catalog criminal-offense-related biological evidence imposed upon certain government entities by R.C. 2933.82 applies to evidence in the possession of those entities at the time of the statute’s effective date. Applying the statute to evidence in possession of the government does not amount to retroactive application of the statute, even though the evidence was collected before the effective date of the statute. Ohio Constitution, Article II, Section 28, the retroactivity provision, does not apply to this case. Docket, Oral Argument Video, Oral Argument Preview.
