Outcome determinative definition

Outcome determinative means that had the results of DNA testing of the subject offender been presented at the trial of the subject offender requesting DNA testing and been found relevant and admissible with respect to the felony offense for which the offender is an eligible offender and is requesting the DNA testing , and had those results been analyzed in the context of and upon consideration of all available admissible evidence related to the offender's case as described in division (D) of section 2953.74 of the Revised Code, there is a strong probability that no reasonable factfinder would have found the offender guilty of that offense or, if the offender was sentenced to death relative to that offense, would have found the offender guilty of the aggravating circumstance or circumstances the offender was found guilty of committing and that is or are the basis of that sentence of death.
Outcome determinative means that had the results of DNA testing been presented at the subject inmate's trial and been found relevant and admissible with respect to the felony offense for which the subject inmate is an eligible inmate and requesting the DNA testing or for which the inmate is requesting
Outcome determinative means that had the results of DNA testing been presented at the trial of the subject inmate requesting DNA testing and been found relevant and admissible with respect to the felony offense for which the inmate is an eligible inmate and is requesting the DNA testing or for which the inmate is requesting the DNA testing under section 2953.82 of the Revised Code, no reasonable factfinder would have found the inmate guilty of that offense or, if the inmate was sentenced to death relative to that offense, would have found the inmate guilty of the aggravating circumstance or circumstances the inmate was found guilty of committing and that is or are the basis of that sentence of death.

More Definitions of Outcome determinative

Outcome determinative means that had the results of DNA testing been presented at the subject eligible inmate's trial and been found relevant and admissible with respect to the felony offense for which the subject inmate is an eligible inmate and requesting the DNA testing, no reasonable factfinder would have found the inmate guilty of that offense or, if the inmate was sentenced to death relative to that offense, would have found the inmate guilty of the
Outcome determinative means that the results of a DNA test are exonerating in nature in that the test excludes the subject capital inmate as the source of the biological evidence in question and the exclusion makes it physically or legally impossible for the inmate to have committed the offense for which the sentence of death was imposed.
Outcome determinative means that ‘there is a strong probability that no reasonable factfinder would have found the offender guilty of [the] offense’ for which he or she was convicted if the DNA results had been presented and found relevant and admissible at trial and ‘had those results been analyzed in the context of and upon consideration of all available admissible evidence related to the offender's case.’ ” State v. Scott, 171 Ohio St.3d 651, 2022-Ohio-4277, 220 N.E.3d 668, ¶ 7, quoting R.C.

Related to Outcome determinative

  • Adverse determination means a final action or adjudication that the person or entity in question has committed Wage Theft or Payroll Fraud and is further defined in Chapter 190.

  • Final Adverse Determination means an Adverse Determination involving a Covered Service that has been upheld by Blue Cross and Blue Shield or its designated utilization review organization, at the completion of Blue Cross and Blue Shield's internal grievance process procedures.

  • Self-Determination means a philosophy and process by which individuals with developmental disabilities are empowered to gain control over the selection of support services that meet their needs. The basic principles of self-determination are:

  • Expert Determination the process described in Paragraph 6 of Schedule 8.3 (Dispute Resolution Procedure);

  • Benchmark Determination Date means (a) if the Benchmark is LIBOR, the LIBOR Determination Date, (b) if the Benchmark is Term SOFR, the date that is two Business Days before the first day of the applicable Accrual Period, (c) if the Benchmark is Compounded SOFR, the date that is five Business Days before the last day of the applicable Accrual Period and (d) if the Benchmark is any other rate, the date determined by the Trust according to Section 2.16 of the Indenture.