Document Type

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

Date

April 5, 2000

Box Number

32

Item Number

138

Keywords

state's filing, Don Mester, rebuttal, hearsay, character evidence, Ohio Evid.R. 804, Ohio Evid.R. 404, Ohio Evid.R. 403

Abstract

The State of Ohio, by and through counsel, William D. Mason, Prosecuting Attorney, Cuyahoga County, and Assistant Prosecutor Marilyn B. Cassidy, moves this honorable court to exclude the testimony of Don Mester. The grounds for this motion are that such testimony is improper rebuttal testimony, and in addition, is hearsay, impermissible character evidence, and prejudicial, all as is set forth in the memorandum attached hereto and incorporated herein by reference. Mester would have testified as to statements made to him by Eberling concerning murders allegedly committed by Eberling.

Comments

While the motion is not addressed directly, see

Memorandum Opinion Regarding Further Admission of Evidence of the Durkin Homicide

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