The rationale underlying this Rule is that it is unfair to allow a party to raise arguments in a reply brief to which the opposing party does not have an opportunity to respond. For these reasons, we decline to address this argument further. We conclude that Butterfly has failed to establish error in the admission of Deputy Baumgart's redirect testimony. Butterfly objected to the instruction on the basis that it was intended for younger children. The District Court overruled the objection and gave the proposed instruction.
Butterfly asserts error.
Our standard in reviewing jury instructions in criminal cases is whether the instructions, taken as a whole, fairly instruct the jury on the law applicable to the case. Moreover, district courts have broad discretion when instructing juries. There is no precise age which determines a child's competency. As with other witnesses, you are the sole judge of the credibility of a child who testifies. On the basis of your consideration you may give the child's testimony such weight as you in your judgment think it is entitled.