TDCAA    TDCAA Community  Hop To Forum Categories  Criminal    Sex Assault Motion in Limmine
Go
New
Find
Notify
Tools
Reply
  
Sex Assault Motion in Limmine Login/Join 
Member
posted
Working on Motions in Limmine in sex Assault case.

Does anyone have a copy of a motion dealing with Rape Shield law?

Any other sugestions on motions in Limmine

my e-mail is lbloomquist@co.guadalupe.tx.us
 
Posts: 83 | Location: Seguin, TX USA | Registered: March 15, 2005Reply With QuoteReport This Post
Member
posted Hide Post
If you've got a copy and could copy me on that email. I've got a case where I will be filing a motion in limine based on Rape Shield law also:

gordonl602@yahoo.com

Thanks Smile
 
Posts: 956 | Location: Cherokee County, Rusk, Tx | Registered: July 11, 2001Reply With QuoteReport This Post
Member
posted Hide Post
All you need to say is that counsel should approach before any reference to the victim's sexual history and cite to Rule 412. Of course if there is something specific about the victim's past (like having sex with the defendant and recording it on videotape) then you may want to be more specific in your motion.

All you need to do is make the judge aware that there exists the possibility of 412 coming into play and it will trigger the requirements of the rule for a hearing outside the jury's presence in a closed courtroom. It is no longer truly en camera since a court decided a hearing required advocates and a court reporter.

I will send my stock limine motion. To you too, Gordon.
 
Posts: 70 | Location: Lockhart, Texas | Registered: October 05, 2004Reply With QuoteReport This Post
  Powered by Social Strata  
 

TDCAA    TDCAA Community  Hop To Forum Categories  Criminal    Sex Assault Motion in Limmine

© TDCAA, 2001. All Rights Reserved.