Cause No. __________

STATE OF TEXAS				§		IN THE _______________ COURT
						§
V.						§		COURT DESIGNATION
						§
***						§		_______________ COUNTY, TEXAS

MOTION IN LIMINE NO. _____
(PRIOR TRIALS)

TO THE HONORABLE JUDGE OF SAID COURT:

	COMES NOW ***, the Defendant in the above entitled and numbered cause, by and 
through Counsel, and requests the Court to instruct the Prosecuting Attorney as follows:
	
I.
That the Prosecutor is not to refer in any manner to any previous trials of this case, any verdict of the jury with respect thereto, any judgment of the Court entered thereon, or any motion for new trial granted by the Court.
	
II.
That the Prosecutor is not to refer in any manner to the presence or absence of any Defense witness at any previous trial who may testify at this trial, as this would infer this Defendant had been previously tried and convicted and would deprive the Defendant of this presumption of innocence and fair trial by twelve (12) impartial jurors.
	
III.
That the Prosecutor not question any witness regarding identification of Defendant at any prior trial of this case.

IV.
That the Prosecutor instruct each and every State's witness prior to trial that said witness is not to volunteer, or otherwise state in open Court that he has identified the Defendant at any prior trial in this case.
	
V.
That the Prosecutor not exhibit in the presence of the jury the statement of facts of the previous trial in this cause or otherwise directly refer to such transcript in front of the jury, as such conduct or exhibition of said statement of facts will only lead the jury to believe that this cause has 
been previously tried, and will therefore deprive the Defendant herein of the presumption of innocence and fair trial by twelve (12) impartial jurors in accordance with the Fifth and Fourteenth Amendments to the United States Constitution, Article I, Sections 10 and 19 of the Texas Constitution, and Articles 1.04 and 1.05 of the Texas Code of Criminal Procedure.

	WHEREFORE, PREMISES CONSIDERED, the Defendant prays this Honorable Court will 
grant this Motion and instruct the Prosecuting Attorney as requested herein.
Respectfully Submitted,

____________________________________
Attorney Name
State Bar Number
Address
City, State, Zip
Phone 
Fax

Attorney for Defendant
***

CERTIFICATE OF SERVICE

This is to certify that a true and correct copy of the foregoing Motion in Limine No. _____ (Prior Trials) was served upon the attorney for the State on ________________________, 200___.

____________________________________
Attorney for Defendant

Cause No. __________

STATE OF TEXAS				§		IN THE _______________ COURT
						§
V.						§		COURT DESIGNATION
						§
***						§		_______________ COUNTY, TEXAS

ORDER

	On __________________, 200___, came on to be considered the Defendant’s Motion in Limine No. _____ regarding any prior trials of this case.  The motion is GRANTED and the prosecution is ordered not to refer in any manner to any prior trials of this case, any prior verdict, any judgment of the Court or any motion for new trial granted in this case.  The prosecution is further ordered not to refer to the presence or absence of any witness at a prior trial in this case nor refer to any identification testimony by a witness in a prior trial and is further ORDERED not to refer to any transcript of any prior testimony of a witness as being testimony from a prior trial of this case.  The prosecution is further ORDERED to instruct its witnesses not to provide testimony about any of the foregoing matters until such time as a hearing has been conducted outside the presence of the jury to determine the admissibility of such testimony.  

SIGNED on the _____ day of ____________________, 200___.

____________________________________
JUDGE PRESIDING