Judge Raquel West granted the state's amended motion in limine and set limits on which prior-offense witnesses may testify at the retrial in the 252nd District Court. The ruling, announced from the bench, allows witnesses identified in court filings as "TK" and "SM" to take the stand while excluding two others the parties discussed, identified as "MN" and "RD." "I've granted the state's first amended motion in limine," the judge said.
The court and counsel spent part of the hearing resolving how testimony about prior matters will be presented to the jury and how the parties will preserve the record for appeal. Defense counsel told the court he would seek to preserve objections and asked that, when the time comes, the state elect which non-propensity characteristics it will use to frame the testimony. "Judge, I think, in order to preserve the record on those two people, I'm just gonna ask at the time those witnesses are called for a general limiting instruction and ask the state to elect as to which…non-propensity characteristics they are using it to demonstrate," the defense said.
The judge said limiting instructions will be given "at the appropriate time" and instructed counsel to admonish any witness called to avoid references to the earlier trial or other collateral matters. She emphasized that testimony must be confined to the scope allowed by the ruling and cautioned that discussing the Texas Medical Board's actions could "open the door" to additional disputed evidence. The court also noted procedural housekeeping: the application for probation is on file and the parties should be prepared for the sequence of trial events.
The ruling followed briefing that the court characterized as more like a trial brief than a mere scheduling motion; the record shows the state filed its motion on 03/03/2025. Counsel for the defense indicated they had filed a bench brief and the parties had exchanged correspondence and argument prior to the hearing. The court's ruling does not, by itself, determine what testimony may be used in punishment proceedings; counsel said they will raise additional objections if the case reaches that phase.