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?
Use the victim's first name: Alleged.
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?
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 :-)~
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."
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