Document Type

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


March 10, 2000

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Sam Sheppard, Ohio R. Evid. 404(b), extramarital affairs, character evidence, motive, defendant's filings


Motion filed by the State to request that Dr. Samuel Sheppard’s “other acts” be admitted into evidence pursuant to Ohio rules of evidence 404(B). The State contends that this other acts evidence, disallowed by the court’s evidentiary ruling on March 5, 2000, should be admitted as rebuttal testimony to the Sheppard Estate's multiple witnesses who offered testimony stating that Dr. Sheppard was a “happily married, respectable, decent, family man.” The State also argued that evidence of extramarital affairs should be admitted to prove its theory that Marilyn Sheppard’s murder was a domestic homicide resulting from “years of betrayal, adultery, humiliation and neglect.” The State contends that the Ohio rule of evidence 404(B) permits “evidence of other wrongs and acts. . . to prove motive.”