Document Type

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


March 13, 2000

Box Number


Item Number



motion in limine, Dr. Roger Marsters, Mary Cowan, Blood-type, expert testimony, blood spatter, plaintiff's filing


Motion in limine by the Estate seeking to confine the testimony of Dr. Roger Marsters to areas in which he is an expert. Dr. Marsters was hired to assist Mary Cowan, Medical Technologist at the Cuyahoga County Coroner’s Office, to perform blood-type analysis in the 1954 trial. In the 2000 civil trial, the court requested that Dr. Marsters prepare a report. The Estate argued that Dr. Marsters’ report discussed information not covered in his 1955 affidavit or his 1966 testimony, information in which he lacks expertise, and information not covered in his deposition prior to trial in 2000. The Estate contends that Dr. Marsters is not competent to testify about blood spatter because he does not have the requisite experience, training, or education of a forensic scientist. For the same reasons, the Estate also seeks to limit the opinion testimony regarding whether or not Marilyn Sheppard bit her attacker.