Idaho Jury Instruction - Mailing Obscene Material
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Judge's Instructions on the Law Either before or after the closing arguments by the lawyers, the judge will explain the law that applies to the case to you. This is the judge's instruction to the jury.
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.
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.
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.
No party may assign as error the giving of or failure to give an instruction unless the party objects before the jury deliberates, stating distinctly the instruction to which that party objects and the grounds of the objection.
ICJI 702 MALICE?DEFINED INSTRUCTION NO. deliberate intention unlawfully to kill a human being.
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.
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.