Page 716 - Instruction News Today

>> well, ill cite you to i think its johnson versus state. >> in any event, ill look at that. >> i want to make sure i give you the right citation. >> but its clear that the state must convince the court that the unique facts of this case -- >> always the facts have to fit into it. thats not the issue. the issue is whether or not if the facts fit into to they if do they good eet the instruction. >> my understanding is the defense objects to it in it entirety, but we can discuss placing it if we ...

>> thank you. last one starts with however, three lines. any objections from the state? >> no, urps. agreed thats the standard language. >> okay. so were there any other requested changes or additions to this instruction by the state? >> as it elemeit relates to the justifiable use of deadly force? >> correct. >> having already argued and simply relying on the case of johnson versus state which is in the packet regarding provocation instruction, no, your honor. >> any others being requested by t...

Under the facts of that case. before i get there, let me point out the entire thing i just heard is we dont think that the witness was credible or we gont think that the jury should draw a certain inference. but mr. west hasnt said yet that those arent facts in a arent before the jury and that the inference is not permissible. i understand he doesnt think theyre the right ones, but thats not a reason not to give an instruction. the instruction is what are facts before the jury and what are at le...

Discharge of a weapon causing deathsh is that -- is that the same as the one that -- >> second time, your honor, i thought he just u.s. just addressed that one. >> it is as relates to the aggravated assault, lesser is where it is. >> but its the same instruction, and when the instructions are read, would there be any objection to not reading it a second time? okay. >> i think as long as theres a reference made -- if the aggravated assault lesser is given, as long as theres a reference made to th...

Give. are there any objections from the state to this instruction? >> no, your honor. >> from the defense? >> no, your honor. >> okay. mr. zimmerman, you dont have to stand up. do you have a copy of these instructions that you can look at them with us? >> yes, your honor. >> if youll police do so, i would appreciate it. the very first page is the style of the case. the second is what i just read. i wanted to make sure mr. zimmerman had a copy in front of him. in objection from the state? >> ...

>> no, your honor. >> defendants statements, any objection from the state? >> no, your honor. >> from the defense? >> no, your honor. >> rules for deliberation, any objections from the state? >> no, your honor. >> from the defense? >> other than i think i dont know what we want to do with possibly 7, i dont think there were any questions written that were not asked by the court. a couple of the jurors asked oral questions more along the lines of could a witness speak up, so i dont think 7 needs ...

Assault than there are no second-degree murder. >> all right. >> the next instruction is justifiable use of deadly force. thats going to be subject to discussion tomorrow. please both sides take into consideration the changes that are currently before the supreme court on that instruction. so we need to have some agreement to how thats going to be presented to the jury. a plea of not guilty, reasonable doubt and burden of proof, any objection from the state? >> no, your honor. >> from the defens...

Judges usually dont veer away from the model jury instructions. again, like you were saying -- >> for good reason. >> you were saying before about appellate issues. youre always concerned about preserving the record. so lets say we take that. now, for the viewers, the general definition of manslaughter is unlawful killing. boom. thats easy, right? at the end of the instruction that you just showed on the screen, we see the word justifiable. in english, to all of us, that means self-defense. that...

Mind regardless of human life. and that the killing was done with ill will, hatred, spite, or an evil intent. but the story doesnt end there. just a short time ago, the prosecution asked for lesser charges to be considered. >> the next one is when there are lesser included crimes or attempts. and what the state has listed in the proposed instruction is manslaughter and aggravated assault. is the state requesting these lessers? >> yes, your honor. >> any object from the defense? >> we object, you...

Which is, that in the end an unarmed 17-year-old teenager has been killed. and the idea that the person that did that is able to walk free, an innocent man guilty of nothing doesnt seem right to them. >> well, and i hear you, piers, and as a mother, of course, i understand, but as a lawyer, analyzing the evidence thats before us, and understanding the legal instruction that the judge will give the jury, that a reasonable doubt can be proven by a conflict in the evidence, a lack of evidence it go...