Document Type

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


February 17, 2000

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Ohio R. Evid. 802, Ohio R. Evid. 801(c), Ohio R. Evid. 401, Sam Sheppard's prior statements, coroner’s inquest, hearsay, defendant's filings


Motion filed by the State responded to the court’s request to advise it on the admissibility of out-of-court statements made by Dr. Samuel Sheppard to various other parties. The statements in question were made by Dr. Sheppard at the coroner’s inquest, statements made to police, various writings, and taped interviews explaining events before, during, and following the death of Marilyn Sheppard, because the statements were inconsistent. The State advises the court that it should not consider these statements hearsay, as the statements are not being used to prove the truth of the matter asserted, but the fact that the statements were made at all. The State contends that while the statements were made out of court, and might initially be barred as hearsay pursuant to Rule 802 of the Ohio Rules of Evidence, Rule 801(c) provides that “an out of court statement is not hearsay when it is not offered to prove the matter asserted.” Furthermore, the State argues that the statements are relevant because they are of consequence to the determination of the action, in compliance with Rule 401. The State argues that the statements prove themselves to be fabricated, because of their growing development with the facts as they were discovered by investigators.