Document Type

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


February 24, 2000

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motion in limine, Ohio R. Evid. 804(b)(3), Richard Eberling, Robert Parks, confession, defendant's filings


The State argues for either excluding the alleged confession of Richard Eberling as testified to by Robert Parks or, in the alternative, for a hearing to determine admissibility, because the statements do not meet the hearsay exception under Ohio R. Evid. 804(B)(3) allowing for statements made against the interest of the declarant. The State argues that the second element, which requires the statement to be against the penal interests of the declarant, was not satisfied, because the declarant was already serving multiple consecutive sentences in prison, ensuring that he would die in jail before his scheduled release. The State further contends that the third element, which requires corroborating circumstances to indicate the statement's trustworthiness, is not met, because the circumstances show that not only did Eberling previously fail to make any confession when given ample opportunity, but also there exists other evidence that Eberling was not telling the truth.