Document Type

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

Date

1999-12-29

Box Number

43A

Item Number

82

Keywords

state's filing, motion in limine, exhibits, Richard Eberling, homicides, Myrtle Fray, Ohio Evid.R. 401, Ohio Evid.R. 402, Ohio Evid.R. 403, Ohio Evid.R. 404

Abstract

The State of Ohio seeks to exclude Plaintiff's Exhibits 3, 4, 8, 9, 10, 68, 69, 70, 71, 72, 73, 74, 75, 76, 88, and 89. These exhibits include numerous documents relating to the deaths of George E. Eberling, Barbara Kinzel, Myrtle Fray, Sara Belle Farrow, and Ruth McNeil. The State argues that this evidence is not relevant and unfairly condemns Richard Eberling. It also argues that the "probative value of the evidence is substantially outweighed by the danger of... confusion of the issues, or of misleading the jury."

Comments

See Memorandum in Opposition to Defendant's Motion in Limine

This motion was granted by Memorandum Opinion Regarding Motions in Limine, stating that the court will revisit the issue if the plaintiff establishes a basis for admitting other acts evidence.

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