Page 715 - Instruction News Today

I hope we have at least protected the record in that regard. >> thank you. so with that being done, are there any objections to the proposed final draft of the jury instructions? that would be changing the lesser included crimes to just allege manslaughter, taking out the charge on felony murder, the justifiable homicide after that, the possession of firearm and discharge causing death after that instruction, then there was a blank page. the next charge would be the manslaughter, justifiable use...

Spreechl court tod supreme court said where the jury is properly instructed on the standard of reasonable doubt, circumstantial evidence instruction was confusing and in-correct. the court sdoes go on to say tht while the supreme court didnt totally prohibit it, if they deem it necessary, they could consider it a special instruction. however, they catalog a litany of cases whereby the refusal to give such an instruction has been upheld. the prosecution has objected to a defense motion for circ...

Lets head back to the courtroom for what have been some pretty heated arguments about what exactly the charges the jury will be able to consider are against george zimmerman. lets listen. >> thats just guyable use of deadly force. >> no, we disagree. >> then give me case law that says that thats a wrong interpretation. >> standard instructions, i have the proposed ones, as well. the court is looking at the wrong part of the instruction. give if applicable under 776 a person is justified in using...

Felony beyond a reasonable doubt. which is exactly the way the instruction reads. the next case is alfieri. which is fourth district court of appeal case from 1998. and that stands for again simply the proposition third degree felony murder, state must prove the underlying felony beyond a reasonable doubt. dont have to necessarily charge it. although i would submit that the information contains the requisite requirements. but we do have to establish it. so that is the reason the instruction lang...

Whether it was reasonable for him to have responded to that force in the manner he did. so there is no other instruction i think thats as specific, as appropriate to help the jury define how -- to help the jury analyze the evidence in this case than this particular instruction. it could not be said to confuse the jury. in fact it gives them the guidance that they desperately need in a case just like this one. so of course while the court has discretion, the discretion should be exercised here to...

Hes not correct that the doctor said injury x isnt from getting your head on the concrete. what they said is. >> thom: consiit is consistent getting struck by any hard object. >> you have to take each of these proposed jury instructions and the special instructions being requested by either side and weave it into what the evidence shows so the jury be instructed. your argument that you just provided to me has two different sides of the story and the jury can decide which within they believe, whe...

Though. >> theyre not arguing with it being in there, so we dont need to go there. >> i included this language as a mirror of -- >> theyre not objecting. >> but i am in the sense -- >> you dont want it included in what you put in yours? >> no, i put beyond a reasonable doubt in there and the state agrees. so were past that. i included this whole section which is based upon mr. zimmerman initially provoking the use of force against him. >> i dont think they have an objection to the section. >> no...

Indication there was no objection from either side. does that remain? >> yes. >> yes. >> defendant testifying we said was not going to be given. is there any objections to that instruction? >> no objection. >> not from the state, your honor. >> yesterday there was an indication there was no objection to that especially instruction being given. is that the same day? you dont have to keep jumping up and down. you can remain seated. >> thank you. whether were going to personalize these instructions...

Closing arguments. its a very important part of the trial and all good lawyers focus very carefully on this part. >> and is that the linchpin that then goes back to why they need to understand great this self-d defense, because is this shooting justifiable? >> thats exactly why. thats why the prosecution is fighting so hard to make sure that that instruction gets in there, because hes going to want to show and want to reference them in their very own jury instructions that the great bodily harm ...

Do you want that in the title, too? >> everywhere. thank you. then the instruction on notes, indication yesterday, there was no objections. does that remain the same? >> yes. >> yes. >> cautionary instructions. no objections yesterday. does that remain the same? >> yes. >> verdict. no objections yesterday. does that remain the same? >> yes, your honor. >> defense? >> yes, thats fine. >> in submitting the case to the jury, there was no objections yesterday. does that remain the same? >> yes, your...