Davis v. State of Ohio, Cuyahoga County Common Pleas Case No. CV96-312322
February 22, 2000
Robert Schottke, Ohio R. Evid. 804(b)(3), Ohio R. Evid. 804(b)(1), Sam Sheppard's prior statements, hearsay, plaintiff's filing
Motion by the Estate to admit the previous testimony of Detective Robert Schottke with the responses made by Dr. Samuel Sheppard redacted from document and excluded from evidence. The Estate argued that the statements made by the investigating officer in the previous trial are hearsay, but the exception in Rule 804(B)(1) of the Ohio Rules of Evidence allows in testimony given under cross-examination in a prior proceeding. While conceding that Detective Schottke’s cross-examination testimony is admissible, the Estate argued that statements made to Schottke by Dr. Sheppard are hearsay, and do not satisfy any hearsay exception. The Estate then preemptively counters the State’s argument that Dr. Sheppard’s statements are party admissions and admissible under Rule 804(B)(3) with the fact while the statements may be inconsistent, they are not “so far against his interest” that no reasonable person would have made them without them being true.
Gilbert, Terry H. and Carr, George H., "Memorandum in Support Of Presenting Redacted Testimony from Previous Trials" (2000). 1995-2002 Court Filings. 141.