Document Type

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


August 8, 1996

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state's filing, motion to dismiss, laches, statute of limitation, abatement, standing


Alan Davis, Special Administrator of the Estate of Samuel Sheppard, through counsel, has requested the Cuyahoga County Court of Common Pleas, by way of petition, to make a determination that he is a wrongfully incarcerated individual pursuant to R. C. §2305.02 and §2743.48. The State of Ohio asserts that, pursuant to Ohio Civil Rule 12 (B) (6) the court should dismiss the action. The State of Ohio is entitled to dismissal by operation of the doctrine of laches and the applicable statutes of limitation. Additionally, a claim of wrongful incarceration is a personal claim which an estate has no standing to pursue. Finally, any claim which may have been lawfully asserted by Samuel Sheppard has abated with his death, the passage of time, and his failure to pursue the claim at or near the time of his acquittal.

This motion was denied on 01/13/97. See Court Docket.