Sam Sheppard filed a motion for a new trial (12/23/1954) and supplemental motion (12/24/1954) on numerous grounds, including: the court's failure to shield jurors from prejudicial pretrial publicity, denial of a change of venue, presence of the press in the courtroom, substitution of a juror, errors in jury instructions, and denial of a motion for continuance. Judge Blythin denied these motions on January 3, 1955.
A motion for new trial was also filed based on newly discovered evidence, namely the forensic investigation of Dr. Paul Kirk. Judge Blythin overruled this motion on May 9, 1955. The affidavits of Paul Kirk, Dr. Roger Marsters, and Sheppard defense attorney William Corrigan pertain to the motion for a new trial based on newly discovered evidence.
Case No. 23400 was a direct appeal to the Ohio Eighth District Court of Appeals. The appellate court issued opinions concerning motion for bail pending appeal. The Eighth District also issued an opinion affirming Sheppard's conviction and rejecting his assignments of error, which raised issues concerning change of venue, motion for continuance, publicity, sufficiency of evidence, conduct of the trial, errors in jury instructions, errors in jury empaneling, and errors in evidentiary rulings.
In Case No. 23551, Sam Sheppard asserted that he should be granted a new trial based on newly discovered evidence, which was gathered through the forensic investigation of Dr. Paul Kirk. Sheppard asserted that the defense team did not have access to the crime scene until two days after the verdict found him guilty, so Dr. Kirk's tests could not have been performed in time to be presented at the 1954 trial and were thus newly discovered evidence. The Court of Appeals found that the trial court did not abuse its discretion in denying Sam Sheppard's motion for a new trial based on newly discovered evidence.
Post-Trial Motions
Transcript - Motion for a New Trial, Cuyahoga County Court of Common Pleas
Memorandum on Motion for New Trial, 1/3/55, Edward J. Blythin
Defendant's Motion for a New Trial on the Ground of Newly Discovered Evidence, Cuyahoga County Court of Common Pleas
Affidavit of Paul Leeland Kirk, Paul L. Kirk
Affidavit of Dr. Roger W. Marsters, Roger W. Marsters
William J. Corrigan Affidavit, William J. Corrigan
Appeal No. 23400
State v. Sheppard, 97 Ohio App. 489 (1955), Ohio Eighth District Court of Appeals
State v. Sheppard, 97 Ohio App. 493 (1955), Lee E. Skeel
Brief of Plaintiff-Appellee, State of Ohio, State v. Sheppard, Ohio Eighth District Court of Appeals Case No. 23400, Frank T. Cullitan, Saul S. Danaceau, Thomas J. Parrino, and Gertrude Bauer Mahon
Reply Brief of Defendant-Appellant, State v. Sheppard, Eighth District Court of Appeals Case No. 23400, William J. Corrigan, Fred W. Garmone, and Arthur E. Petersilge
State v. Sheppard, 100 Ohio App. 345 (1955) - Opinion on Direct Appeal, Lee E. Skeel
Appeal No. 23551
Brief of Defendant-Appellant, Sam Sheppard, Eighth District Court of Appeals Case No. 23551, William J. Corrigan, Fred W. Garmone, and Arthur E. Petersilge
Brief of Plaintiff-Appellee, State of Ohio, State v. Sheppard, Eighth District Court of Appeals Case No. 23551, Frank T. Cullitan, Saul s. Danaceau, Thomas J. Parrino, and Gertrude Bauer Mahon
State v. Sheppard, 231 Ohio App. 399 (1955) - Opinion on Newly Discovered Evidence Appeal, Julius M. Kovachy
