CAUSE NO. 

THE STATE OF TEXAS

V.

JOHN DOE

§	IN THE ____________COURT
§
§	OF
§
§	_______________ COUNTY, TEXAS

MOTION IN LIMINE REGARDING ALLEGED
EXTRANEOUS OFFENSES OR BAD ACTS

TO THE HONORABLE JUDGE OF SAID COURT:
	COMES NOW, JOHN DOE, Defendant in the above styled and numbered cause, and moves the Court to order the State not to refer in any manner to any alleged extraneous offense or bad act on the part of the Defendant until the Court has conducted a hearing and had an opportunity to rule on its admissibility, and in support of such motion Defendant shows:
I
	The Defendant believes that at some point in the trial the State may attempt to adduce evidence that the Defendant is guilty of an offense or bad act other than the offense on trial.
I I
	Evidence of an extraneous offense or bad act is highly prejudicial in that it influences the jury to convict the Defendant for being a criminal generally, rather than for being guilty of the offense on trial.  For this reason, evidence of an extraneous offense or bad act is inadmissible unless an exceptional justification is shown.
	WHEREFORE, Defendant prays the Court grant this motion and order the State not to mention or allude to in any way any alleged extraneous offense or bad act on the part of the Defendant without first advising the Court of this intention, so that the jury may be removed and a hearing held to determine the admissibility of the alleged extraneous offense or bad act.

Respectfully submitted,

By:                                                                 

CERTIFICATE OF SERVICE

	A copy of the above and foregoing Motion in Limine Regarding Alleged Extraneous Offenses or Bad Acts was hand-delivered or mailed, postage prepaid, to the___________Attorney of _____________ County, Texas, on the _____ day of ___________, 200__.

CAUSE NO. 

THE STATE OF TEXAS

V.

JOHN DOE

§	IN THE ____________COURT
§
§	OF
§
§	_______________ COUNTY, TEXAS

O R D E R

	On this day, came on to be heard Defendant's Motion in Limine Regarding Alleged Extraneous Offenses or Bad Acts, and it appears to the Court that this motion should be and it hereby is:
	         GRANTED, and IT IS THEREFORE ORDERED that prior to any reference to an extraneous offense on the part of the Defendant, the prosecutor shall approach the bench and inform the Court of the intention to call a witness to elicit this testimony so the jury may be excused and the admissibility of the extraneous offense determined; or
	         	DENIED, to which action the Defendant excepts.

	SIGNED                                                                           

							                                                             
							JUDGE PRESIDING