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.
State v. Sheppard, Cuyahoga County Common Pleas Case No. 64571
Petition for Declaration of Innocence as a Wrongfully Imprisoned Individual (with supporting materials), Terry H. Gilbert
Motion to Strike, or in the Alternative, Motion to Dismiss of the State of Ohio, Stephanie Tubbs Jones, Marilyn B. Cassidy, and Patrick J. Murphy
Petitioner's Brief in Opposition to Motion to Strike, or, in the Alternative, Motion to Dismiss, Terry H. Gilbert
Order to Turn All Evidence Over to Petitioner, Judge Ronald Suster
Motion of the State of Ohio for Judgment on the Pleadings, Stephanie Tubbs Jones, Marilyn B. Cassidy, and Patrick J. Murphy
Motion for Leave to File Amended Complaint, Terry H. Gilbert
Reply of the State of Ohio, Stephanie Tubbs Jones and Marilyn B. Cassidy
Davis v. State of Ohio, Cuyahoga County Common Pleas Case No. CV96-312322
Summary of Docket Entries, Cuyahoga County Court of Common Pleas
Petition for Declaration of Innocence as a Wrongfully Imprisoned Individual, Terry H. Gilbert
Motion of the State of Ohio to Dismiss, Stephanie Tubbs Jones, Marilyn B. Cassidy, and Patrick Murphy
Objections to Transfer of Case, Motion to Reassign the Docket of Kathleen Sutula According to Random Draw (with supporting materials), Stephanie Tubbs Jones, Marilyn B. Cassidy, and Patrick J. Murphy
Plaintiff's Brief in Response to Defendant's Motion to Dismiss, Terry H. Gilbert
Plaintiff's Brief in Response to Defendant's Motion to Reassign to Docket of Judge Kathleen Sutula, Terry H. Gilbert
Answer of the State of Ohio, Stephanie Tubbs Jones, Marilyn B. Cassidy, and Patrick J. Murphy
Plaintiff's Potential Witness and Exhibit List, Terry H. Gilbert
Defendant's Motion for Stay of Discovery, or, in the Alternative, Motion for Protective Order, Stephanie Tubbs Jones, Marilyn B. Cassidy, and Patrick J. Murphy
Motion of the State of Ohio for Judgment on the Pleadings, Hearing Requested, Stephanie Tubbs Jones, Marilyn B. Cassidy, and Patrick J. Murphy
Plaintiff's Motion to Strike or Alternatively to Deny Defendant's Motion for Judgment on the Pleadings, Terry H. Gilbert
Defendant's Response to Plaintiff's Motion to Limit Discovery & State of Ohio's Objections to Proposed Pretrial Order, Stephanie Tubbs Jones, Carmen M. Marino, Marilyn B. Cassidy, and Patrick J. Murphy
State of Ohio's Objections to Proposed Pretrial Order, Stephanie Tubbs Jones, Carmen M. Marino, Marilyn B. Cassidy, and Patrick J. Murphy
Court Order to Exhume Sam Sheppard's Body, Judge Ronald Suster
Amended Answer of the State of Ohio to the Petition for Declaration of Wrongful Incarceration, William D. Mason and Marilyn B. Cassidy
Defendant's Brief in Support of Demand for Trial by Jury, William D. Mason and Marilyn B. Cassidy
Defendant's Motion for Leave to File Amended Answer, William D. Mason and Marilyn B. Cassidy
Answers to Defendant State of Ohio's First Set of Interrogatories and First Request for Production of Documents to Plaintiff, George H. Carr and Terry H. Gilbert
Plaintiff's Witness List, Terry H. Gilbert and George H. Carr
Answers to First Request for Production of Documents, Marilyn B. Cassidy
Memorandum in Opposition to Defendant's Motion for Leave to File Amended Answer, Terry H. Gilbert and George H. Carr
Defendant's Witness List, William D. Mason and Marilyn B. Cassidy
Plaintiff's Answers to State's Second Request for Production of Documents, Terry H. Gilbert and George H. Carr
Defendant's Reply to Plaintiff's Brief in Opposition to Trial by Jury and Amended Answer of the State of Ohio to the Petition for Declaration of Wrongful Incarceration, William D. Mason and Marilyn B. Cassidy
Defendant's Motion to Compel Discovery, William D. Mason and Marilyn B. Cassidy
Plaintiff's First Amended Witness List, Terry H. Gilbert and George H. Carr
State's Objections to Discovery and Motion for Protective Order, William D. Mason and Marilyn B. Cassidy
Opinion Regarding Right to Jury Trial, Judge Ronald Suster
Defendant's Motion for Leave to File Supplemental Motion and Brief with Documentary Exhibits Upon Conclusion of Discovery, William D. Mason and Marilyn B. Cassidy
Motion for Injunction and or Protective Order to Enjoin Exhumation of the Body of Marilyn Sheppard, Terry H. Gilbert
Defendant's Response to Plaintiff's Motion for Injunction for Protective Order to Enjoin Exhumation of Marilyn Sheppard, William D. Mason and Marilyn B. Cassidy
Defendant's Motion for Summary Judgment, William D. Mason and Randi Marie Ostry
Motion of State of Ohio to Compel Production of Robert Parks' Medical Records & Court Order, William D. Mason and Marilyn B. Cassidy
Court Order Regarding Deposition of Cynthia Cooper, Judge Ronald Suster
Memorandum in Opposition to Defendant's Motion for Summary Judgment, Terry H. Gilbert and George H. Carr
Defendant's Notice to Plaintiff of Continuing Obligation to Supplement Discovery Responses, William D. Mason and Marilyn B. Cassidy
Memorandum of State of Ohio Relative to Ohio Civil Rule 16, Local Rule 21.1, William D. Mason and Marilyn B. Cassidy
Memorandum in Opposition to Defendant's Request for Supplemental Expert Reports, Terry H. Gilbert and George H. Carr
Defendant's Motion to Exclude Experts, William D. Mason and Marilyn B. Cassidy
Motion to Exclude Testimony of David Doughton, Terry H. Gilbert and George H. Carr
Motion in Limine to Exclude Expert Testimony Pertaining to Handwriting Analysis, Terry H. Gilbert and George H. Carr
Plaintiff's Motion to Compel Production of Documents, Terry H. Gilbert and George H. Carr
Motion in Limine to Exclude Expert Testimony Pertaining to the Value of DNA Evidence, William D. Mason, A. Steven Dever, and Dean Boland
Motion in Limine to Exclude Expert Testimony Pertaining to Trial Publicity, William D. Mason, A. Steven Dever, and Dean Boland
Defendant's Motion for Extension of Time in which to Respond to Plaintiff's Motion to Exclude Testimony of David Doughton and Philip Bouffard, William D. Mason and Marilyn B. Cassidy
Motion for Extension of Time to Submit List of Unavailable Witnesses and Motions to Exclude Introduction of Witness Transcripts of 1954 Trial, Terry H. Gilbert and George H. Carr
Plaintiff's Pretrial Statement, Terry H. Gilbert and George H. Carr
Defendant's Sixth Amended Witness List, William D. Mason and Marilyn B. Cassidy
Final Pretrial Statement of Defendant State of Ohio, William D. Mason and Marilyn B. Cassidy
Motion in Limine to Exclude Expert Testimony of Emanuel Tanay, William D. Mason, A. Steven Dever, and Dean Boland
Motion in Limine to Exclude Specific Items of Physical Evidence, William D. Mason, A. Steven Dever, and Dean Boland
Memorandum in Opposition to Defendant's Motion to Exclude Experts Chapman, Wilson, and Chakraborty, Terry H. Gilbert and George H. Carr
Civil Case Status Form - granting plaintiff's motion for protective order, Judge Ronald Suster
Defendant's Seventh Amended Witness List, William D. Mason and Marilyn B. Cassidy
Motion for Written Pre-Voir Dire Juror Questionnaire, Terry H. Gilbert and George H. Carr
Motion in Limine to Exclude Expert Testimony of Gregg McCrary, Terry H. Gilbert and George H. Carr
Plaintiff's Brief in Opposition to State's Motion to Exclude Specific Items of Physical Evidence, Terry H. Gilbert and George H. Carr
Plaintiff's List of Witness Testimony to be Introduced through Transcripts, Terry H. Gilbert and George H. Carr
Plaintiff's Motion for Protective Order, Terry H. Gilbert
State's Motion to Compel Testimony of Cynthia Cooper, William D. Mason and Marilyn B. Cassidy
Motion in Limine to Exclude Plaintiff's Proposed Exhibits (#31, 32, 38...), William D. Mason, A. Steven Dever, and Dean Boland
Plaintiff's Brief in Opposition to State's Motion in Limine to Exclude Expert Testimony of Emanuel Tanay, Terry H. Gilbert and George H. Carr
Motion for Extension of Time to Submit Coroner's Expert Report(s), William D. Mason
Motion in Limine to Exclude Plaintiff's Proposed Exhibits (#26, 27, 110), William D. Mason, A. Steven Dever, and Dean Boland
Motion in Limine to Exclude Plaintiff's Proposed Exhibits (#47, 48, 52, 97), William D. Mason, A. Steven Dever, and Dean Boland
Defendant's Proposed Jury Questionnaire, William D. Mason and Marilyn B. Cassidy
Motion in Limine to Exclude Plaintiff's Proposed Exhibits (#3, 4, 8...), William D. Mason, A. Steven Dever, and Marilyn B. Cassidy
Motion in Limine to Exclude Plaintiff's Proposed Exhibits (#28, 29, 30...), William D. Mason, Marilyn B. Cassidy, and A. Steven Dever
Motion in Limine to Exclude Plaintiff's Proposed Exhibits (#65, 66, 67), William D. Mason and Marilyn B. Cassidy
Jury Questionnaire, Terry H. Gilbert and George H. Carr
Motion in Limine to Exclude Plaintiff's Proposed Exhibits (#5, 7, 100), William D. Mason, Marilyn B. Cassidy, and A. Steven Dever
Motion to Exclude Testimony from 1954 Trial, Terry H. Gilbert and George H. Carr
Plaintiff's First Amended Exhibit List, Terry H. Gilbert and George H. Carr
Plaintiff's Proposed Jury Instructions, Terry H. Gilbert and George H. Carr
Defendant's Brief in Opposition to Plaintiff's Motion to Exclude Expert Handwriting Testimony of Dr. Bouffard, William D. Mason and Marilyn B. Cassidy
Defendant's Response to Second Request for Production of Documents, William D. Mason and Marilyn B. Cassidy
Memorandum in Opposition to Defendant's Motion in Limine, Terry H. Gilbert and George H. Carr
Plaintiff's Fourth Amended Witness List, Terry H. Gilbert and George H. Carr
State's Motion for Extension of Time to Respond to Motion to Exclude Testimony of David Doughton, William D. Mason and Marilyn B. Cassidy
Civil Case Status Form - Rulings on Various Motions in Limine and Discovery Motions, Judge Ronald Suster
Defendant's Brief in Opposition to Plaintiff's Motion to Exclude Testimony of David Doughton, William D. Mason and Marilyn B. Cassidy
Plaintiff's Motion to Compel Production of Documents and Physical Evidence, Terry H. Gilbert and George H. Carr
Defendant's Brief in Opposition to Plaintiff's Motion to Exclude Testimony from 1954 Trial, William D. Mason
Defendant's Motion in Limine to Exclude Testimony Regarding Other Murders or Deaths, William D. Mason, Marilyn B. Cassidy, and A. Steven Dever
Defendant's Motion to Exclude Opinion Testimony of Witnesses as to Sheppard's Guilt or Innocence, William D. Mason and Marilyn B. Cassidy
Motion for Evidentiary Hearing Regarding Items Destroyed or Lost by Defendant, Terry H. Gilbert and George H. Carr
Motion in Limine to Exclude Expert Testimony of Elizabeth Balraj & Balraj Analysis re: Marilyn Sheppard Homicide, Terry H. Gilbert and George H. Carr
Motion in Limine to Exclude Expert Testimony of Linda Luke, Terry H. Gilbert and George H. Carr
Motion in Limine to Exclude Expert Testimony of Mary Ann Feathers, Terry H. Gilbert and George H. Carr
Motion in Limine to Exclude Expert Testimony of Roger Marsters, Terry H. Gilbert and George H. Carr
Motion to Require Amended Pretrial Statement, Terry H. Gilbert and George H. Carr
Defendant's First Amended Exhibit List, William D. Mason and Marilyn B. Cassidy
Defendant's Motion for Preliminary Instruction to the Jury, William D. Mason, Marilyn B. Cassidy, and A. Steven Dever
