Document Type

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

Date

2000-01-27

Box Number

43A

Item Number

103

Keywords

state's filing, Richard Eberling, motion in limine, homicides, Ohio Evid.R. 404

Abstract

The State of Ohio’s motion to exclude any reference or argument by counsel, any questioning by counsel, and testimony by any witness suggesting that Richard Eberling killed persons other than Marilyn Sheppard. The State argues that this evidence is the Estate's attempt to divert attention from its proper focus--whether Sam Sheppard is innocent of the murder of Marilyn Sheppard--through the introduction of evidence regarding deaths occurring in completely dissimilar manners, with the conjecture that Richard Eberling is a serial killer.

Comments

Memorandum Opinion dated 2/12/2000, found that no mention is to be made of the other Eberling-related deaths until Plaintiffs demonstrates, by proffer, a connection of these deaths to Marilyn Sheppard's murder.

Also see: Order Regarding Further Admission of Evidence of the Durkin Homicide,

Memorandum Opinion Regarding Further Admission of Evidence of the Durkin Homicide.

Memorandum Opinion Regarding Admissibility of Character Evidence, Other Acts of Richard Eberling, Other Acts of Samuel H. Sheppard, Statements of Samuel H. Sheppard, and Admissibility of Portions of Transcript From Prior Proceedings

Otherwise, found moot on 5/30/2000 (after the judgment). See docket.

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