Davis v. State of Ohio, Cuyahoga County Common Pleas Case No. CV96-312322
state's filing, motion in limine, opposition, expert witness, 1954 trial, unavailable witnesses, Ohio Evid.R. 804
The State of Ohio argues that the 1954 trial testimony should not be excluded from this trial. It claims that relevant testimony from the 1954 trial is admissible if the declarant is unavailable within the meaning of Evid.R. 804. It urges the court to reject the Estate's “attempt to inappropriately apply rules of exclusion applicable only for the protection of criminal defendants in criminal trials to block the admission of competent testimony in this civil action.”
Mason, William D., "Defendant's Brief in Opposition to Plaintiff's Motion to Exclude Testimony from 1954 Trial" (2000). 1995-2002 Court Filings. 89.