Davis v. State of Ohio, Cuyahoga County Common Pleas Case No. CV96-312322
plaintiffs' filing, opposition, use of prior testimony, motion in limine
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.
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.