Document Type
Davis v. State of Ohio, Cuyahoga County Common Pleas Case No. CV96-312322
Date
February 24, 2000
Box Number
43
Item Number
9
Keywords
motion in limine, Ohio R. Evid. 804(b)(3), Richard Eberling, Robert Parks, confession, defendant's filings
Abstract
The State argues for either excluding the alleged confession of Richard Eberling as testified to by Robert Parks or, in the alternative, for a hearing to determine admissibility, because the statements do not meet the hearsay exception under Ohio R. Evid. 804(B)(3) allowing for statements made against the interest of the declarant. The State argues that the second element, which requires the statement to be against the penal interests of the declarant, was not satisfied, because the declarant was already serving multiple consecutive sentences in prison, ensuring that he would die in jail before his scheduled release. The State further contends that the third element, which requires corroborating circumstances to indicate the statement's trustworthiness, is not met, because the circumstances show that not only did Eberling previously fail to make any confession when given ample opportunity, but also there exists other evidence that Eberling was not telling the truth.
Recommended Citation
Boland, Dean M. and Mason, William D., "Defendant's Motion to Exclude Testimony of Robert Parks or Motion for a EVID. R. 104 Hearing to Determine Admissibility" (2000). 1995-2002 Court Filings. 144.
https://engagedscholarship.csuohio.edu/sheppard_court_filings_2000/144
