Memorandum in Opposition to Defendant's Motions in Limine

Terry H. Gilbert, Attorney for Sheppard Estate
George H. Carr, Attorney for Sheppard Estate


The Estate of Sam Sheppard’s memorandum in opposition to the State’s motion in limine to exclude various exhibits. The Estate criticizes the timing of these motions. It argues that the State has misunderstood the nature of motions in limine and improperly asserts objections to trial exhibits through its motions without any information as to the rationale for offering such exhibits.

As this is an improper basis for a motion in limine, the Estate argues that the State’s motions should be denied. The Estate harshly criticizes the State's motion practice: "the State's use of motions in limine under present circumstance is tantamount to abuse of process, and attempts to keep relevant evidence from the finder of fact in violation of due process of law."