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Instruction because unless the victim was doing that we dont have this situation. so if they dont want to allege that trayvon martin was committing any forcible felony upon the defendant, then what theyre -- my argument would be what theyre telling the court is they dont believe this is justifiable use of deadly force. didnt take it for a second thats their argument. thats the reason i put this language in here. >> response. >> yes. the state is seeking this instruction as part of a larger schem...

Be the supreme court has addressed the instruction and maybe thats addressed in montgomery. i think maybe now that law has be been -- the holding in shurose by the fifth district has now been addressed although not directly. i dont find a reference to that case in any of the subsequent case law, but i do see that montgomery from 2010, a florida supreme court case, does specifically say that the intent for manslaughter by act is the intent to commit an act that was not justified or excusable not ...

Hearings that the court has had up until late in the evening, until the last minute or i requested of it, so that in and of itself is not an argument and i dont want to go there. lets go onto the argument about this instruction. >> im not prepared to make an argument. this was just e-mailed to me, buried in the set of instructions that the states obviously been working on for month and months, just to spring it on everyone at the last minute. mr. mantei has this fully formed organized argument b...

Force against him. and if they cant do that, they shouldnt be able to argue it and the jury doesnt need to deal with it. so this, in some ways, can be a misleading instruction, not applicable to the facts unless the state can articulate to the courts satisfaction theres some construction of these facts that could establish beyond a reasonable doubt, by this jury, that george zimmerman provoked the use of force against himself under the prevailing case law that defines what provoked legally means...

I have both in front of me. >> at the courts request, i did attempt to incorporate much of the proposed language from the current proposal being considered by the supreme courts jury instruction. >> just a second, mr. west, are you caught up to the justifiable use of deadly force? >> no. >> let me know when youve got it in front of you. >> were skipping over the proposed lesser included of third degree murder based on child abuse? >> yes, we are. were now onto the justifiable use of deadly force...