Not Requesting a ''Limiting Instruction'' During Evidence Admission
Green v. State, 942 S.W.2d 149 (Tex. App.--Fort Worth 1997, no pet.) was a trial for sexual assault of a child, Green testified to the commission of an extraneous offense to support his defense that the sexual assault allegations had been made in retaliation for a family disagreement. See id. at 150.
Green did not object or request a limiting instruction at the time of his testimony but requested that a limiting instruction be included in the jury charge. See id.
The court of appeals upheld the trial court's denial of Green's request for a limiting instruction and found that the evidence was admissible for all purposes because Green failed to request a limiting instruction at the time evidence of the extraneous offense was first admitted. See id. at 151.