¶1concurring.
¶2I fully concur in the majority’s reasoning and result, but I write separately to offer *74some simple suggestions for averting future occasions for mistrial in similar situations.
¶3During direct examination by the State, the trial court a.dvised Officer Harmon of the order in limine regarding evidence of other “related or unrelated” acts allegedly committed by Lehman. In light of this advisement, one could readily characterize Harmon as an overzealous witness for the prosecution and lay the responsibility for the reversal of Lehman’s convictions on his doorstep. Given the open-ended question posed by Lehman’s counsel, however, one could just as easily point the finger of blame in another direction.
¶4A cardinal rule of effective trial advocacy is never to ask a question to which one does not know the answer. Indiana Evidence Rule 611 permits the use of leading questions on cross-examination, and a well-prepared advocate will skillfully employ this technique to control adverse witnesses and thereby shape their testimony to her client’s advantage. By asking Harmon “[w]hat else did [he] do” in conducting further investigation into Lehman’s case, defense counsel lost control of the witness and consequently invited an unanticipated and ultimately devastating answer. Regardless of whether Harmon responded with malice aforethought, the fact remains that the question never should have been asked. By meticulously plotting a course for a witness’s testimony on cross-examination and by using carefully chosen leading questions to follow this course, an effective advocate will avoid the possibility of a witness violating an order in limine and thereby avoid the possibility of mistrial.
¶5On a related note, an effective advocate should not only advise witnesses of the existence of an order in limine, but also advise them of the importance of seeking trial court guidance before giving a response on cross-examination that might violate the order. Better yet, a trial court should initiate a conference outside the hearing of the jury to avoid any possibility of a witness violating an order in limine. In any event, if a witness deliberately gives a response that violates an order, then the trial court may exercise its discretion to hold the witness in direct contempt. See Johnson v. State, 426 N.E.2d 104, 105-06 (Ind.Ct.App.1981) (noting that if defense counsel did violate order in limine regarding “ ‘checkered career’ ” of State’s witness, such conduct could constitute direct contempt of court). Obviously, such a punishment would be the last resort in responding to a dilemma that easily could be avoided by the skill, good faith, and vigilance of all concerned.