Idaho Jury Instruction - Entrapment
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Within 120 days of the entry of the judgment imposing sentence or order releasing retained jurisdiction, a motion may be filed to correct a sentence that has been imposed in an illegal manner or to reduce a sentence and the court may correct or reduce the sentence.
(3) A person who is not disqualified for jury service under section 2-209, Idaho Code, may have jury service postponed by the court or the jury commissioner only upon a showing of undue hardship, extreme inconvenience, or public necessity, or upon a showing that the juror is a mother breastfeeding her child.
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.
In every trial the testimony of witnesses must be taken orally in open court, unless otherwise provided by a statute or by these rules, the Idaho Rules of Evidence, or other rules adopted by the Idaho Supreme Court.
Idaho Criminal Rule 20. Transfer from the County for Plea and Sentence. (2) the prosecuting attorneys from each county involved, as well as the trial court where the case is pending, approve the transfer in writing.
In criminal cases not amounting to a felony, issues of fact must be tried by a jury, unless a trial by jury is waived by the consent of both parties expressed in open court and entered in the minutes.
In any felony or misdemeanor criminal action, excluding actions before drug courts or mental health courts, any party may disqualify one judge by filing a motion for disqualification without stating any grounds, and the motion must be granted if timely filed.
ICJI 702 MALICE?DEFINED INSTRUCTION NO. deliberate intention unlawfully to kill a human being.