This Motion in Limine is brought by The State of Major, prosecutor, who requests the Court: To instruct the attorneys

not to mention, refer to, or bring before the jury, directly or indirectly, on voir dire examination, reading of the pleadings, statement of the case, interrogation of the witnesses, argument, objections before the jury, or in any other manner any of the matters enumerated below, unless and until the matters have first been called to the Courts attention out of the presence and hearing of the jury and a favorable ruling received on the admissibility and relevance of the matters. See Cody v. Mustang Oil Tool Co., Inc., 595 S.W.2d 214, 216 (Tex. Civ. App.Eastland 1980, writ ref'd n.r.e.). To instruct the attorneys for Ed Hard to inform all witnesses called by that party to refrain from mentioning or referring to, in any way, in the presence or hearing of the jury, any of the matters enumerated below, unless specifically permitted to do so by ruling of the Court. To instruct Ed Hard and his attorneys that violation of any of these instructions may cause harm to The State of Major and deprive The State of Major of a fair and impartial trial, and the failure to abide by the instructions may constitute contempt of court. Direct or repeated violations of an Order sustaining this Motion in Limine can be reversible error. Lohmann v. Lohmann, 62 S.W.3d 875, 881 (Tex. App.El Paso 2001, no pet.); Ball v. Rao, 48 S.W.3d 332, 339 (Tex. App.Fort Worth 2001, pet. denied); Weidner v. Sanchez, 14 S.W.3d 353, 363 (Tex. App.Houston [14th Dist.] 2000, no pet.); Kendrix v. S. Pac. Transp. Co., 907 S.W.2d 111, 114 (Tex. App.Beaumont 1995, writ denied).

The matters or conduct in question are as follows: 1. Any reference to Nazi affiliation by Bruno Summers, including any membership card of such an organization. Any mention of Nazi affiliation will be inflammatory and highly prejudicial to the jury. Bruno Summers is deceased, and his personal activities are unrelated to the night of the shooting. Further, this is the type of information that cannot make a material fact of the case more or less likely, and any impact on the jury would be

an

unfair

character

assassination

of

deceased

victim.

2. The knife found in Bruno Summers pocket, including photos. There has been no evidentiary support for the authenticity of the knife, or photos of it. Showing it to the jury does not provide them of anything more than a potentially frightening object. The mere sight of the knife could cause the jury to be unfairly prejudiced for the defendant, based purely on the mention of a knife that has not been established as part of the events that night. The knife was found closed and inside the pocket, and could not have had any bearing on the actions of the defendant, Ed Hard.

In the alternative, if the knife is admitted, it should remain closed for the duration of its exhibition, because that is the state in which it was found. Any photo of the knife in any position other than closed should be excluded from evidence and not presented to the jury.