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Has anyone else successfully dealt with a defendant's Motion in Limine requesting that the prosecution refrain from referring to the victim of a crime as "the victim?"

Apparently, the defense bar is teaching this at their seminars and it may even be included in the pre-trial motions on Prodoc - we're seeing it regularly, but have never had to argue it until now.

CCP 38.07 is all I can hang my hat on for now. Caselaw doesn't seem to be of much help.

Any other ideas?
 
Posts: 32 | Location: Littlefield, Texas | Registered: June 22, 2005Reply With QuoteReport This Post
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Use the victim's first name: Alleged.
 
Posts: 7860 | Location: Georgetown, Texas | Registered: January 25, 2001Reply With QuoteReport This Post
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Casey v. State, 215 S.W.3d 870 rejected a challenge to the jury charge that referred to the victim as "victim". The CCA held that this didn't assume the truth of a matter in controversy and was okay with it because it specifically tracked the language of the statute. If it's okay for a judge to do it, why not an advocate?
 
Posts: 104 | Location: Texas | Registered: May 12, 2008Reply With QuoteReport This Post
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Thanks Mr. Bradley a/k/a "Mr. Obvious," et al... our Judge actually put the Def Atty on the spot and told him to brief it at our P/T hrg - so the case may actually be helpful :-)~
 
Posts: 32 | Location: Littlefield, Texas | Registered: June 22, 2005Reply With QuoteReport This Post
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Put in the indictment, "victim, namely, ___." And give the defendant a silly alias name that you can use throughout trial: "defendant, a/k/a sweet cheeks."
 
Posts: 7860 | Location: Georgetown, Texas | Registered: January 25, 2001Reply With QuoteReport This Post
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