Title

Plaintiff's Brief in Opposition to State's Motion to Exclude Reference to Prior Judicial Proceedings and for Preliminary Jury Instruction

Authors

Terry H. Gilbert, Attorney for Sheppard Estate
George H. Carr, Attorney for Sheppard Estate

Document Type

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

Date

2000-02-03

Box Number

43A

Item Number

125

Keywords

plaintiffs' filing, opposition, use of prior testimony, motion in limine

Abstract

The State seeks to exclude reference to prior proceedings not because the jury might be prejudiced or confused by consideration of proceedings that have a bearing on the case at bar, but because they seek to prevent Plaintiff from mentioning the fact that the State of Ohio has been held to have acted wrongfully. Therefore, instead of the preliminary instruction proposed by the State, Plaintiff proposes that an instruction be given that not only educates the jury about the basic framework of the case and the burdens of proof, but also allows the jury to consider what happened in prior court proceedings as is contemplated by the Rules of Evidence and the established case law governing wrongful imprisonment actions.

See order ruling on this motion.

Comments

See 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

Recommended Citation

Gilbert, Terry H. and Carr, George H., "Plaintiff's Brief in Opposition to State's Motion to Exclude Reference to Prior Judicial Proceedings and for Preliminary Jury Instruction" (2000). 1995-2002 Court Filings. 111.
https://engagedscholarship.csuohio.edu/sheppard_court_filings_2000/111