Document Type

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

Date

1999-12-13

Box Number

43A

Item Number

51

Keywords

state's filing, motion in limine, Neil Miller, DNA evidence, expert witness, Ohio Evid.R. 702

Abstract

The State of Ohio’s motion to exclude the testimony of expert Neil Miller. As an expert witness, Miller’s testimony would pertain to the value of DNA evidence. Miller has written a report entitled Convicted By Juries, Exonerated By Science. The State of Ohio argues that Miller’s expertise is limited to rape cases therefore his testimony is not relevant to this homicide case. The State of Ohio also argues that the evidence Miller can provide cannot be either scientific or technical. In addition, the State argues that the rules of evidence require that that the testimony be excluded because there is no fact at issue in the case for which Miller’s testimony will prove insightful for the jury.

Comments

(This motion was deemed moot on 4/30/2000, after the verdict. See docket. Neil Miller did not testify at trial.)

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