Motion for Limiting Instruction (Multiple Indictments)

MOTION FOR LIMITING INSTRUCTION (MULTIPLE INDICTMENTS)

TO THE HONORABLE JUDGE OF SAID COURT:

COMES NOW the Defendant in the above-styled and numbered cause and moves this Honorable Court to give a limiting instruction to the jury at the beginning of this trial of multiple indictments; and in support of said Motion would show as follows:

I.

Under Tex.R.Evid. 105, the trial court must give the jury a limiting instruction, upon proper request, when evidence is admitted. Rankin v. State, 974 S.W.2d 707 (Tex.Cr.App. 1996). A party opposing evidence has the burden of objecting and requesting a limiting instruction at the time the evidence is introduced. Garcia v. State, 887 S.W.2d 862 (Tex.Cr.App. 1994), cert. den., 115 S.Ct. 1368 (1995); Abdnor v. State, 808 S.W.2d 476 (Tex.Cr.App. 1991).

II.

Where evidence admissible as to only one indictment is admitted during the joint trial of multiple indictments, the jury should be instructed to consider the evidence only as to the indictment for which it was admitted. See Olivares v. State, 785 S.W.2d 941 (Tex.App.—El Paso 1990, no pet.).

III.

Therefore, the Defendant requests that at the beginning of this trial that this Honorable Court instruct the jury substantially as follows:

Members of the jury, we are about to begin the joint trial of (# of indictments) individual indictments alleged against this Defendant. Each allegation and indictment is a separate and distinct cause of action. From time to time during the trial...