Legal Question in Civil Litigation in Ohio

Re: Pre-trial Motions

If memory serves, Plaintiff had the burden of proving Shepherd's innocence, by a preponderance. Unable to sustain that burden, Plaintiff lost the civil trial. I am not certain that was the appropriate burden of proof. In any event, the State was fortunate the jury was not persuaded to a finiding of innocence. Had I been representing the State, I would have raised and litigated a secondary defense against civil liability. I would have argued for the opportunity to prove the reasonableness of both the prosecution and the prosecutorial process and publicity, according to the status of the law, and the journalism profession at the time of the original trial. I would have filed a Motion in Limine seeking Court approval to introduce the original pre-trial publicity and investigation reports and notes into the 2000 civil trial, to support the reasonableness of the conduct of the Cuyahoga County Prosecutor, and the local media. My pre-trial motions would focus on clearing the way to argue that, even if today's evidence were to persuade the jury that Sam was innocent, recovery should not be awarded unless, and until, today's Plaintiff can demonstrate malice or knowing concealment of exculpatory evidence (or fabrication of incriminating evidence). Failing the establishment of such factors, the State should not be liable to Sam's estate. Hope these thoughts help.

Re: Pre-trial Motions

A motion in Limine is something you can file if you do not want someone to testify. It can also stop someone from testifying ABOUT something that you do not want the jury to know.

Joe Jacobs

216-227-0900