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



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opinion, order, motion in limine, hearsay, Dr. Laber, Carmen Marino, Richard Eberling, Vern Lund, evidentiary rulings


The State's motion in limine to exclude audio and videotapes of interviews with Richard Eberling as hearsay is denied. This issue will be addressed at trial as needed.

The State's motion in limine to exclude exhibits relating to Vern Lund, an associate of Eberling, is denied to the extent that it is not other acts evidence. The court previously addressed the issue other acts of Eberling in an oral ruling. The court will determine the admissibility of these exhibits at trial.

State's motion to exclude affidavits is denied at this time.

State's motion in limine to exclude letters written by Eberling as hearsay is denied at this time.

Defendant's Motion in Limine re Inadmissible Hearsay and Regarding Certain Irrelevant Testimony, with respect to relevance is granted to the extent it concerns other acts of Richard Eberling. Otherwise, denied. As to hearsay, denied. As to the testimony of Dr. Laber, motion in limine is denied. With respect to Carmen Marino, the motion is denied except mention should not be made regarding his anticipated testimony without prior approval of the court.