Ohio Competence - Unanimous Verdict

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US-00878
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Sample Jury Instruction - This sample jury instruction, states that the jury's decision must be unanimous.

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FAQ

Rule 405 - Methods of Proving Character (A) Reputation or opinion. In all cases in which evidence of character or a trait of character of a person is admissible, proof may be made by testimony as to reputation or by testimony in the form of an opinion.

Although relevant, evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence.

R. Evid. 404(b), applies to both sides and in both criminal and civil actions. In all cases in which evidence of character or a trait of character of a person is admissible, proof may be made by testimony as to reputation or by testimony in the form of an opinion.

Rule 403 - Exclusion of Relevant Evidence on Grounds of Prejudice, Confusion, or Undue Delay (A) Exclusion mandatory. Although relevant, evidence is not admissible if its probative value is substantially outweighed by the danger of unfair prejudice, of confusion of the issues, or of misleading the jury.

Competency to stand trial is a determination by the judge about a. defendant's present mental condition and about the defendant's. capacity to understand the proceedings and assist in the. defendant's own defense. [ R.C. 2945.37(G)]

103. Rule 103 - Rulings on Evidence (A) Effect of erroneous ruling. Error may not be predicated upon a ruling which admits or excludes evidence unless a substantial right of the party is affected, and (1) Objection.

R. 702 employed the same language as is used in the Federal Rules of Evidence to define the admissibility of expert testimony. That language permits a witness with the appropriate expertise to testify as an expert if the testimony "will assist the trier of fact." Evid. R.

Rule 403 is known to all lawyers as the "prejudice" rule. It says that relevant evidence may. be excluded if its probative value is substantially outweighed by any of three effects that detract. from a fair trial.

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Ohio Competence - Unanimous Verdict