Guerrero v. State

In prosecuting the appellant for battery on a law enforcement officer and trespass, the state attorney highlighted the appellant’s alleged use of racial slurs against the law enforcement officer in opening statements, during witness testimony, and in closing argument. Although defense counsel had moved in limine to deter the state’s use of the racial slurs, the court denied the motion. The use of derogatory terms did not tend to prove any element of the offenses charged and became so pervasive that we conclude that the court erred in denying the motion in limine. The state cannot show that…