Davis v. State of Ohio, Cuyahoga County Common Pleas Case No. CV96-312322
plaintiff's filing, motion in limine, coroner's inquest, right to counsel, due process, 1954 inquest
Plaintiff argued that testimony from the 1954 coroner's inquest should not be admitted in the 2000 trial because it would violate Sam Sheppard's Fifth and Sixth Amendment right to counsel, as Sam Sheppard's attorney was not permitted to participate in the coroner's inquest. Admission of this testimony would also violate Sheppard's right to due process of law.
See order ruling on this motion. Also see Memorandum Opinion Regarding Admissibility of Character Evidence, Other Acts of Richard Eberling, Other Acts of Samuel H. Sheppard, Statements of Samuel H. Sheppard, and Admissibility of Portions of Transcript From Prior Proceedings, where the court revisited the issue.
Gilbert, Terry H. and Carr, George H., "Motion to Exclude Testimony from 1954 Coroner's Inquest" (2000). 1995-2002 Court Filings. 107.