Davis v. State of Ohio, Cuyahoga County Common Pleas Case No. CV96-312322
May 7, 1997
motion to dismiss, Judgment on the Pleadings, laches, standing, statute of limitations, wrongful imprisonment, state's filing
The State of Ohio asserted that the claims brought forth by the Estate of Sam Sheppard fail as matter of law and requests a full hearing on the issues it presents. The motion makes three legal arguments: (1) the court lacks jurisdiction over the Estate of Sam Sheppard's claims because the claim was unreasonably delayed, (2) the statute of limitations bars any claim that Sam Sheppard might have, and (3) the Estate of Sam Sheppard does not have standing to bring a wrongful imprisonment claim because the injured party is deceased.
This motion was denied; see docket
Jones, Stephanie Tubbs; Cassidy, Marilyn B.; and Murphy, Patrick J., "Motion of the State of Ohio for Judgment on the Pleadings, Hearing Requested" (1997). 1995-2002 Court Filings. 4.