On October 19, 1995, Sam Sheppard's estate filed a Petition for Declaration of Innocence as a Wrongfully Imprisoned Individual under the original Cuyahoga Court of Common Pleas criminal case number 64571. The case was closed in August 1996 because the defendant, Sam Sheppard, was deceased.
On July 24, 1996, the Sheppard Estate filed a civil action against the State of Ohio Cuyahoga County Prosecutor, seeking a declaration of innocence and a determination of wrongful imprisonment (such a determination is a prerequisite to filing a case for monetary damages with the Ohio Court of Claims). This case is known as Davis v. State, Cuyahoga County Common Pleas Court No. CV-96-312322, so named because the action was filed by Alan J. Davis, special administrator of the Sheppard Estate.
In 1997, the Cuyahoga County Prosecutor filed a Writ of Prohibition with the Ohio Supreme Court in an effort to stop the civil case for wrongful imprisonment (Ohio Supreme Court Case No. 97-1231). The Prosecutor asserted that the Cuyahoga County Court of Common Pleas lacked jurisdiction due to tolling of the statute of limitations and the Sheppard Estate's lack of standing. The Ohio Supreme Court denied the writ, because though the prosecutor's arguments may have had merit, the trial court did not patently and unambiguously lack jurisdiction. Therefore, the prosecutor's recourse was to raise these issues on appeal (see State ex rel. Tubbs Jones v. Suster, 84 Ohio St.3d 70 (1998)).
Davis v. Ohio went to jury trial in 2000; the jury found in favor of the State of Ohio. The Sheppard estate appealed, and the Court of Appeals found in favor of the State of Ohio. The Ohio Supreme Court refused to hear an appeal of the appellate court's decision.
Davis v. State of Ohio, Cuyahoga County Common Pleas Case No. CV96-312322
Defendant's Motion in Limine re Inadmissible Hearsay and Regarding Certain Irrelevant Testimony, William D. Mason, Marilyn B. Cassidy, and A. Steven Dever
Motion in Limine to Exclude Testimony of Paula Ernst, Terry H. Gilbert and George H. Carr
Motion to Exclude Testimony of Ernie Sanders, Terry H. Gilbert and George H. Carr
Notice of Appearance of Counsel, William D. Mason
Notice of Defendant's Intention to Call Unavailable Witnesses through Use of Prior Recorded Testimony, William D. Mason and A. Steven Dever
Order Regarding Filming of Witnesses and Jurors, Judge Ronald Suster
State's Motion to Exclude by Counsel, to Testimony Including Plaintiff's Exhibits 212-221 Relating to Prior Acquittal or Conviction of Samuel H. Sheppard in Criminal Proceedings, and Proceedings and Ruling in Habeas Corpus, William D. Mason and Marilyn B. Cassidy
Defendant's Brief in Opposition to Plaintiff's Motion for Evidentiary Hearing Regarding Items Destroyed or Lost by Defendant and Affidavit of Patricia A. Costello, William D. Mason and Kathleen A. Martin
Motion to Exclude Testimony from 1954 Coroner's Inquest, Terry H. Gilbert and George H. Carr
Plaintiff's Exhibits Motion Practice, Terry H. Gilbert and George H. Carr
Defendant's Brief in Opposition to Plaintiff's Motion to Exclude Testimony from 1954 Coroner's Inquest, William D. Mason and Reno J. Ordani
Defendant's Brief in Opposition to Plaintiff's Motion to Exclude Testimony of Dr. Marsters, William D. Mason and Marilyn B. Cassidy
Defendant's Brief in Opposition to Plaintiff's Motion to Exclude Testimony of Pastor Ernie Sanders, William D. Mason and Marilyn B. Cassidy
Defendant's First Amended List of Unavailable Witnesses to be Introduced through Use of Prior Recorded Testimony, William D. Mason and Marilyn B. Cassidy
Plaintiff's Brief in Opposition to State's Motion to Exclude Reference to Prior Judicial Proceedings and for Preliminary Jury Instruction, Terry H. Gilbert and George H. Carr
Court Order regarding Testimony of Dr. Balraj, Judge Ronald Suster
Motion in Limine to Exclude Testimony of Colleen Lentz, Terry H. Gilbert and George H. Carr
Court Order Regarding Media Restrictions, Judge Ronald Suster
Memorandum Opinion Regarding Admission of Testimony from 1954 Trial, Judge Ronald Suster
Defendant's Second Amended List of Unavailable Witnesses to be Introduced Through Use of Prior Recorded Testimony, William D. Mason and Marilyn B. Cassidy
Defendant's Witness List, William D. Mason and Marilyn B. Cassidy
Plaintiff's Proposed Jury Instructions on Historical Testimony, George H. Carr and Terry H. Gilbert
Court Order - Rulings on State's Motion in Limine to Exclude Exhibits and Preclude Testimony, Judge Ronald Suster
Memorandum Opinion Regarding Motions in Limine (Eberling Other Acts, Pastor Sanders, Prior Acquittal and Proceedings, Coroner Inquest, Opinions as to Guilt/Innocence, Roger Marsters), Judge Ronald Suster
Memorandum Regarding Admissibility of Statements of Samuel H. Sheppard Memo Regarding Admissibility of Statements of Sam Sheppard, Kathleen A. Martin and William D. Mason
Plaintiff's Motion for Substitution of Party, Terry H. Gilbert and George H. Carr
Supplemental Memorandum Regarding Admissibility of Statements of Samuel H. and Memorandum Regarding Admissibility of Character Evidence of Samuel H. Sheppard, Kathleen A. Martin and William D. Mason
Memorandum in Support Of Presenting Redacted Testimony from Previous Trials, Terry H. Gilbert and George H. Carr
Plaintiff's Memorandum Regarding Inadmissibility of Improper Hearsay and Character Evidence, George H. Carr and Terry H. Gilbert
Defendant's Motion to Exclude Supplemental Reports of Epstein and Laber, Marilyn B. Cassidy and William D. Mason
Defendant's Motion to Exclude Testimony of Robert Parks or Motion for a EVID. R. 104 Hearing to Determine Admissibility, Dean M. Boland and William D. Mason
Motion of Defendant State of Ohio for Limiting Instruction, William D. Mason and Kathleen A. Martin
State of Ohio's Memorandum of Law Re: Applicability of EVID. R. 404 to Non-Parties and Renewed Motion for Limiting Instruction Regarding Eberling Conviction of Murder of Ethel Durkin, Marilyn B. Cassidy and William D. Mason
Defendant State of Ohio's Memorandum Regarding Voir Dire of Emanuel Tanay, Kathleen A. Martin and William D. Mason
Plaintiff Estate's Motion for Sanctions Against Cuyahoga County Prosecutor William D. Mason, Terry H. Gilbert and Gordon S. Friedman
State's Memorandum in Support of Limiting Testimony of Dr. Michael Sobel, Marilyn B. Cassidy and William D. Mason
Defendant's Motion to Exclude Portions of Testimony of Dr. Mohammed Tahir Pursuant to EVID. R. 901 (A) and 702, Marilyn B. Cassidy and William D. Mason
States Motion to Compel Testimony of Gary Dunn, William D. Mason and Marilyn B. Cassidy
Motion of James Neff to Quash Subpoenas or Protective Order , David L. Marburger and Christina N. Smith
Renewed Motion to Exclude Expert Testimony of Gregg McCrary, George H. Carr and Terry H. Gilbert
Motion to Exclude Testimony of Phyllis Moretti, Terry H. Gilbert and George H. Carr
Order Regarding Further Admission of Evidence of the Durkin Homicide, Judge Ronald Suster
Defendant's Motion to Admit Other Acts Evidence and Character Evidence Relative to Samuel H. Sheppard, Pursuant to EVID. R. 404, A. Steven Dever, William D. Mason, and Marilyn B. Cassidy
Plaintiff's Motion in Limine to Exclude Papers of Dr. Sheppard Prepared for Litigation and Donated to the Western Reserve Historical Society, Terry H. Gilbert and George H. Carr
Motion In Limine to Limit Testimony of Dr. Roger Marsters, Terry H. Gilbert and George H. Carr
Memorandum in Opposition to Defendant's Motion to Admit Evidence of Extramarital Affairs, Terry H. Gilbert and George H. Carr
State's Brief in Opposition to Plaintiff's Motion to Exclude Papers of Dr. Sheppard + State's Exhibit C, A. Steven Dever and William D. Mason
Memorandum Opinion Regarding Admission of Expert Testimony of Mr. James Wentzel and Dr. Owen Lovejoy, Judge Ronald Suster
Defendant's Witness List, WIlliam D. Mason
Memorandum Opinion Regarding Admission of Testimony of Robert Bailey, Testimony of Susan Hayes Benitez and Testimony Regarding Extramarital Activities of Samuel Sheppard, Judge Ronald Suster
Order Regarding Fray Homicide Evidence, Judge Ronald Suster
State's Memorandum in Support of Admission of Samuel H. Sheppard's Writings in Moretti Book, Marilyn B. Cassidy, William D. Mason, and A. Steven Dever
Motion to Limit the Testimony of Dr. Robert White, Terry H. Gilbert and George H. Carr
Supplemental Materials in Support of Motion to Exclude Expert Testimony of Gregg McCrary, Terry H. Gilbert and George H. Carr
State's Motion to Exclude Rebuttal Testimony of Laber, A. Steven Dever, William D. Mason, and Marilyn B. Cassidy
State's Motion to Exclude Testimony of Don Mester, William D. Mason and Marilyn B. Cassidy
State's Motion to Exclude Testimony of John Wilson, A. Steven Dever, William D. Mason, and Kathleen A. Martin
Memorandum Opinion Regarding Further Admission of Evidence of the Durkin Homicide, Judge Ronald Suster
State of Ohio's Proposed Jury Instructions, Kathleen A. Martin and William D. Mason
Jury Verdict, Cuyahoga County Court of Common Pleas
Order Regarding Release of Juror Biographical Information, Judge Ronald Suster
Civil Case Status - Jury Verdict, Cuyahoga County Court of Common Pleas
Plaintiff’s Motion for Judgment Notwithstanding the Verdict and/or, in the Alternative, a New Trial, Terry H. Gilbert and George H. Carr
State’s Brief in Opposition to Plaintiff’s Motion for Judgment Notwithstanding the Verdict & Motion for a New Trial, William D. Mason and Marilyn B. Cassidy
Murray v. State, Cuyahoga App. No. 78374, 2002 Ohio 664 ( Feb. 22, 2002), Justice Colleen Conway Cooney
State ex rel. Tubbs Jones v. Suster, Ohio Supreme Court Case No. 97-1231
State ex rel. Tubbs Jones v. Suster, Evelyn Lundberg Stratton
