Griggs v. State

MEYERS, J.,

filed a dissenting opinion.

Appellant filed a motion in limine, and the court held a pretrial hearing, during which the State agreed to not offer evidence of extraneous offenses without approaching the bench and obtaining a ruling. Instead of honoring that agreement, two of the State’s witnesses testified regarding extraneous offenses. When certain prohibited testimony was given by the witnesses, the judge excused the jury and cautioned the State for violating the court’s rulings and instructions. The judge asked the parties what he should do, and Appellant requested a mistrial.

In…