Idaho Jury Instruction - First Degree Murder - Premeditated Murder - Transferred Intent
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Idaho Rules of Evidence Rule 201. Judicial Notice of Adjudicative Facts. (a) Scope. This rule governs judicial notice of an adjudicative fact only, not a legislative fact.
A witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion or otherwise if the expert's scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence or to determine a fact in issue.
Your duty as a juror is to listen to the judge, witness and attorneys; to deliberate calmly and fairly; and to decide intelligently and justly. Your decision must be made upon the evidence presented to you in court. be informed of the trial process and of the applicable law.
ICJI 702 MALICE?DEFINED INSTRUCTION NO. deliberate intention unlawfully to kill a human being.
Based upon these decisions, the general rule in Idaho is that the defendant in a criminal case has the burden of producing evidence regarding any defense, but he does not have the burden of persuasion. Once the defense is properly raised, the state must disprove it beyond a reasonable doubt.
Idaho Rules of Evidence Rule 402. General Admissibility of Relevant Evidence. Relevant evidence is admissible unless these rules, or other rules applicable in the courts of this state, provide otherwise. Irrelevant evidence is not admissible.
Rule 405 - Methods of proving character (a)By reputation or opinion. When evidence of a person's character or character trait is admissible, it may be proved by testimony about the person's reputation or by testimony in the form of an opinion.
Idaho Rules of Family Law Procedure Rule 502. Evidence on Motions. (a) When a motion is based on facts not appearing of record the court may hear the matter on affidavits or may hear it wholly or partly on oral testimony or on depositions. (b) Hearing on a Motion for Temporary Order.