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Defendant files a couple of motions to suppress key parts of the State's case. They are carried until the time of trial. Right before trial, Defendant files a motion in limine seeking to preclude the State from mentioning those aspects of the evidence during opening statement for the reasons set forth in the motions to suppress.

I don't think there is any merit to the argument -as an opening is just what we EXPECT the evidence to be and I certainly expect the motions to be denied, so I expect that evidence to come in, but I can't find a case on point and would love one.
Anyone encountered this before? Got some caselaw? Thanks
 
Posts: 280 | Registered: October 24, 2002Reply With QuoteReport This Post
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I don't have any case law Lisa, but my posture in identical situations has been exactly as you say, what we expect the evidence to show. My cases were ones where we had not heard the MS on confessions, and I would tell the court D counsel can make me look like an idiot if I promise certain evidence but fail to produce it at trial because it is suppressed after opening.

Fortunately, all confessions were admitted and I didn't look like an idiot. Sorry I don't have any cases.
 
Posts: 2578 | Location: The Great State of Texas | Registered: December 26, 2001Reply With QuoteReport This Post
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I've seen it come up in breath test cases a few times (e.g., do you give the number in opening, or don't you?). That might be an easy way to search for cases. If I see anything in my old research on point, I'll shoot you an email.
 
Posts: 1089 | Location: UNT Dallas | Registered: June 29, 2004Reply With QuoteReport This Post
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