State v. Thomas

Banke, Chief Judge.

The defendant, who is charged with driving under the influence of alcohol, filed a motion in limine seeking to exclude evidence that immediately prior to his arrest he had struck and killed a child. The trial court granted the motion on the ground that the prejudicial effect of the evidence in question outweighed any probative value it might have on the issue of whether the defendant was guilty of driving under the influence, the only offense with which he was charged. The state filed a direct appeal from this ruling, which the defendant has moved to dismiss based on the…