Davis v. State of Ohio, Cuyahoga County Common Pleas Case No. CV96-312322
February 24, 2000
Richard Eberling, Ohio R. Evid. 105, limited admissibility, Marilyn Sheppard, murder, motion in limine, defendant's filings
The State of Ohio moves for a limiting instruction on the admitted evidence that Richard Eberling had previously been convicted of murder pursuant rule 105 of the Ohio rules of evidence. The State of Ohio claims to have been prejudiced by the admittance of this evidence and moves for an instruction to the jury stating that the fact of Richard Eberling’s conviction for murder of another woman in no way acts as evidence that he killed Marilyn Sheppard. The suggested limiting instructions and copies of relevant case law are included.
Mason, William D. and Martin, Kathleen A., "Motion of Defendant State of Ohio for Limiting Instruction" (2000). 1995-2002 Court Filings. 145.