Davis v. State of Ohio, Cuyahoga County Common Pleas Case No. CV96-312322
plaintiff's filing, motion, exhumation, injunction
The Estate of Sam Sheppard’s motion to prevent the previously ordered exhumation of Marilyn Sheppard’s body. Sam Sheppard’s Estate argued that: 1) this unilaterally ordered exhumation was an abuse of the civil discovery process, 2) allowing such a unilateral act created an unequal playing field and evidenced an attempt by the State to harness its prosecutorial powers simply to gain an unfair advantage in this civil law suit, and 3) the State of Ohio, like all other parties to a civil law suit, should be required to request an order from the Court allowing such exhumation only after it shows that there is an evidentiary need for such action and reveals any expected findings that may result therefrom.
Plaintiff later withdrew this motion. See Court's Order on 9/9/1999 on the docket.
Gilbert, Terry H., "Motion for Injunction and or Protective Order to Enjoin Exhumation of the Body of Marilyn Sheppard" (1999). 1995-2002 Court Filings. 5.