What procedural step should defense take to prohibit prosecutor from mentioning a fact unfavorable to Def? If prosecutor mentions this fact at trial, what should defense do to perserve the issue for appeal?
Motion in limine, asking ct order prosecutor not to mention the fact to jury b/c it suggests prior bad acts relevant only to Def's character.
Inadmissible under Tx. R. Evid. 404(b).
Motion should ask ct order prosecutor to alert ct and Def if and when prosecutor intends to mention it, so defense can object before jury hears about it.
If ct. grants and orders prosecutor not to mention, defense should, if prosecutor mentioned it, object and get a ruling.
Motion in limine does not perserve anything for appeal.