Davis v. State of Ohio, Cuyahoga County Common Pleas Case No. CV96-312322
February 24, 2000
Ohio R. Evid. 404, Richard Eberling, Ethel Durkin, character evidence, motion in limine, defendant's filings
The State of Ohio renews its motion for the limiting instruction by referring to the evidence of the conviction of Richard Eberling for the murder of Ethel Durkin, because of the inflammatory nature of character evidence on a jury. Ohio R. Evid. 404 is cited as a restriction against character evidence to show propensity, and thus is the purpose of the proposed limiting instruction. Copy of Ohio v. Mason, 694 N.E. 2d 932 (Ohio 1998) included with the motion.
Cassidy, Marilyn B. and Mason, William D., "State of Ohio's Memorandum of Law Re: Applicability of EVID. R. 404 to Non-Parties and Renewed Motion for Limiting Instruction Regarding Eberling Conviction of Murder of Ethel Durkin" (2000). 1995-2002 Court Filings. 146.