Title

Defendant's Motion to Exclude Opinion Testimony of Witnesses as to Sheppard's Guilt or Innocence

Authors

William D. Mason, Cuyahoga County Prosecutor
Marilyn B. Cassidy, Cuyahoga County Assistant Prosecutor

Document Type

Davis v. State of Ohio, Cuyahoga County Common Pleas Case No. CV96-312322

Date

2000-01-28

Box Number

43A

Item Number

104

Keywords

state's filing, expert witness, motion in limine, Sam's guilt, Ohio Evid.R. 401, Ohio Evid.R. 403, Ohio Evid.R. 701, Ohio Evid.R. 702

Abstract

In many of the depositions, the witnesses were asked to express an opinion as to the guilt or innocence of Samuel Sheppard. The State argues that these speculative opinions are irrelevant and the jury is fully competent to determine this ultimate issue without the opinion testimony of lay or expert witnesses.

Comments

See Memorandum Opinion Regarding Motions in Limine (Eberling Other Acts, Pastor Sanders, Prior Acquittal and Proceedings, Coroner Inquest, Opinions as to Guilt/Innocence, Roger Marsters) - the court excluded opinion testimony of guilt or innocence, except for certain circumstances in the case of expert witnesses. Those must not be mentioned during opening arguments, and counsel must approach the bench to allow these.

Otherwise, found moot on 5/30/2000 (after the judgment). See docket.

Recommended Citation

Mason, William D. and Cassidy, Marilyn B., "Defendant's Motion to Exclude Opinion Testimony of Witnesses as to Sheppard's Guilt or Innocence" (2000). 1995-2002 Court Filings. 91.
https://engagedscholarship.csuohio.edu/sheppard_court_filings_2000/91