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


February 23, 2000

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expert testimony, Marilyn Sheppard autopsy, blood spatter, Bart Epstein, Terry Laber, expert report, defendant's filings


Motion filed by the State to exclude the purported expert report of Dr. Bart Epstein and Terry Laber. The State made two principal arguments for excluding the supplemental reports. First the State argued that it did not receive the supplemental reports until February 17, 2000, although according to the case management order, all supplemental reports were due by February 14, 2000. The State further argued that it had never received the initial report from Mr. Laber required by local rule 21.1, which indicates that no expert may testify unless he has submitted an expert report. Finally the state argued that the supplemental report exceeded the scope prescribed by the court. The court permitted the supplemental reports to provide the Estate the opportunity to respond to the State’s experts evaluating the exhumed remains of Marilyn Sheppard, but not of blood spatter, which were subjects apparently addressed in the Epstein & Laber report.