2.12 Limited Admissibility: Evidence Admitted Against Only One Defendant You You (are about to hear)(just heard) (describe testimony or exhibit). can consider only in the case against You (this testimony)(this exhibit) (name). must not consider that evidence in the case against the other defendant(s). Each defendant is entitled to have case decided just on the evidence (his)(her) which applies to (him)(her). Comment This instruction is derived from Eighth Circuit § 2.14. If requested, this instruction should be given during the trial of multiple defendants to limit the of evidence admitted against only one jury’s consideration defendant. 256 F.3d 171, 176 n.4 (3d Cir. 2001) See generally United States v. Butch, (citing with approval trial instruction, based on et al., supra, § court’s 1A O’Malley 11.09, limiting consideration of other act evidence admitted under F.R.E. 404(b) for limited purpose).
2.12 Limited Admissibility: Evidence Admitted Against Only One Defendant You (are about to hear)(just heard) (describe testimony or exhibit). You can consider (this testimony)(this exhibit) only in the case against (name). You must not consider that evidence in the case against the other defendant(s). Each defendant is entitled to have (his)(her) case decided just on the evidence which applies to (him)(her). Comment This instruction is derived from Eighth Circuit § 2.14. If requested, this instruction should be given during the trial of multiple defendants to limit the jury’s consideration of evidence admitted against only one defendant. See generally United States v. Butch, 256 F.3d 171, 176 n.4 (3d Cir. 2001) (citing with approval trial court’s instruction, based on 1A O’Malley et al., supra, § 11.09, limiting consideration of other act evidence admitted under F.R.E. 404(b) for limited purpose).
2016%20Chapter%202%20revisions.docx