Pennsylvania Instruction to Jury as to Evidence of Conversion

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US-01431BG
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A jury instruction is the judge's oral explanation of the law governing a case. Jury instructions are given after the attorneys have presented all the evidence and have made final arguments, but before the jury begins deliberations. Improper explanations of the law to be applied in jury instructions are often the basis for later appeals.

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FAQ

Rule 607 - Challenges to the Weight of the Evidence (A) A claim that the verdict was against the weight of the evidence shall be raised with the trial judge in a motion for a new trial: (1) orally, on the record, at any time before sentencing; (2) by written motion at any time before sentencing; or (3) in a post- ...

The court may exclude relevant evidence if its probative value is outweighed by a danger of one or more of the following: unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or needlessly presenting cumulative evidence.

(a) Who May Impeach a Witness. Any party, including the party that called the witness, may attack the witness's credibility. (b) Evidence to Impeach a Witness. The credibility of a witness may be impeached by any evidence relevant to that issue, except as otherwise provided by statute or these rules.

Rule 609 - Impeachment by Evidence of a Criminal Conviction (a)In General. For the purpose of attacking the credibility of any witness, evidence that the witness has been convicted of a crime, whether by verdict or by plea of guilty or nolo contendere, must be admitted if it involved dishonesty or false statement.

Pa. R.E. 103(a)(1) specifically refers to motions in limine. These motions are not mentioned in the Federal rule. Motions in limine permit the trial court to make rulings on evidence prior to trial or at trial but before the evidence is offered.

Motion for Dismissal. ([A]a) Untimely Filing of Information. (1) Upon motion and a showing that an information has not been filed within a reasonable time, the court may order dismissal of the prosecution, or in lieu thereof, make such other order as shall be appropriate in the interests of justice.

(a) General Rule. Every person is competent to be a witness except as otherwise provided by statute or in these rules. (4) does not sufficiently understand the duty to tell the truth.

Three Government attorneys discuss Federal Rules 607, 608, 609, 610, 611, 612, and 613 pertaining to witnesses and suggest how prosecuting attorneys can apply them during cross-examination. Rule 607 asserts that a witness's credibility can be attacked by any party, including the party calling the witness.

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Pennsylvania Instruction to Jury as to Evidence of Conversion