Draughon v. State

In Draughon v. State, 831 S.W.2d 331, 333 n.1 (Tex. Crim. App. 1992), the Court held that, despite the mis-named "Motion in Limine" title of his document, the defendant sought a definitive and final ruling on his motion to prohibit the State from questioning capital murder veniremen about their attitudes toward the death penalty. Id. From the record, it also appeared that the trial judge understood that the defendant was seeking a definitive ruling and the trial judge made a definitive, adverse ruling. Thus, although the grant or denial of a true motion in limine does not preserve an issue for appellate review, the denial of Draughon's motion, regardless of its mislabeling, was an adverse final ruling which did preserve error for appellate review. Id.