November 08, 2006, 14:52
L.D. BloomquistSex Assault Motion in Limmine
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
November 08, 2006, 15:14
Gordon LeMaireIf 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

November 15, 2006, 16:58
WhitneyAll 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.