Iowa Jury Instructions - Defendant's Failure to Testify

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Sample Jury Instruction - This sample jury instruction states that there should be no inference made from the Defendant not testifying on his own behalf.

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Rule 2.8 - Arraignment and plea 2.8(1)Conduct of arraignment. a. Arraignment shall be conducted as soon as practicable following the filing of the indictment. If the defendant appears for arraignment without counsel, the court must inform the defendant of the right to counsel and ask if the defendant desires counsel.

Rule 2.73 - Motion for a new trial 2.73(1)Generally. The magistrate, on motion of a defendant, may grant a new trial on the grounds set forth in rule 2.24(2) (b). 2.73(2)Newly discovered evidence. A motion for a new trial based on newly discovered evidence must be made within 6 months after the final judgment.

Rule 2.5 - Information 2.5(1)In general. a. Prosecution on information. All indictable offenses may be prosecuted by a trial information and supporting minutes of testimony.

Rule 2.23 - Judgment 2.23(1)Entry of judgment. a. Acquittal. Upon a verdict of not guilty for the defendant or special verdict upon which a judgment of acquittal must be given, the court must render judgment of acquittal immediately.

The fact that a defendant did not testify may not be considered by the jury as proof that the defendant committed the crime. The defense may also waive his case.

Except in domestic relations proceedings, no later than 21 days after any defendant has answered or appeared, the clerk shall provide a notice of civil trial-setting conference to all parties not in default.

All motions for continuance in a case set for trial shall be signed by counsel, if any, and approved in writing by the party represented, unless such approval is waived by court order.

Under Iowa Rule of Criminal Procedure 2.33(2)(c): ?All criminal cases must be brought to trial within one year after the defendant's initial arraignment pursuant to rule 2.8 unless an extension is granted by the court, upon a showing of good cause.? A ninety-day timeframe established under rule 2.33(2)(b).

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Iowa Jury Instructions - Defendant's Failure to Testify