Johnson Versus State News Today

Commentary cited as legal authority to the courted. i would submit while following itself might not be illegal that following is one factor the jury is free to consider in this case. it is something that evinces the defendants state of mind. it doesnt have to be illegal and i dont think the instruction -- we want to talk about what confuses the jury. when the court starts telling them things like it is not illegal to walk across the street. it is not illegal to walk home from 7-eleven in the rai...

Themselves have to be proved beyond a reasonable doubt. the jury needs to know that when youre comparing circumstantial evidence versus direct evidence. they need to know, from this court, that the circumstances must be consistent with guilt and inconsistent with innocence. meaning, if they have a fact thats circumstantial, that tends to prove something that the state is claiming it supports or it could be interpreted as establishing a doubt or something that the defense claims exists, then the ...

Suspicious, by your own definition, frankly, whatever you think is suspicious is good enough under neighborhood watch or by any other measure and you call the police and youre asked to let you know if he does anything else and you follow the person in order to be able to tell the police where they went, by car, on foot, what have you. thats not legal provocation and it would be error, and frankly, promoting miscarriage of justice if the state were allowed to argue that to this jury. >> there is ...

Inferences from the evidence. i understand mr. west doesnt think of any of it is credible or right. respectfully,s up to the jury, not mr. west. the issue is, i think, the provocation language should be included. the only issue i hear is whether or not it also ought to, on top of the issue was provocation, include the phrase force or threat of force. and again, carrying a firearm or grabbing or accost iing to the point that someone hears, let go, and a physical struggle. that is evidence of forc...

Any kind of criminal procedure. let me bring in mark, a renowned criminal defense attorney here in florida. you and i have been sort of gob-smacked, i think is a fairway to describe come of the repertoire between don west and this judge. i think fair to say shes kind of had it and fair to say hes kind of had it? >> theres no love lost between these two. i dont know i would describe it as gob-smacked. >> i have. heres why. especially in the motion in limine rulings, and that was in common parlanc...

To do that. the other -- was there any objections to the manslaughter instruction, as it is written? >> no. >> so the only one that i have to deal with and make a determination on is the felony third degree murder. can we then now look to the proposed verdict form? >> judge, to the third degree murder issue, judge, of course, the court pointed out, its one of those historically category 2, which means that its discretiona discretionary, so long as the evidence -- >> the state gets it if they wan...

>> in any event, ill look at that. >> i want to make sure i give you the right citation. >> its clear that the state must convince the court that the unique facts of this case -- >> of course. always the facts have to fit into it. thats not the issue. the issue is whether or not, if the facts fit into it, do they get a second degree -- second category 2 instruction. >> there is the states proposed special jury instruction regarding the definition of great bodily harm as well. >> im sorry. >> my ...

Ive cited the cases you cited to me in support of them. theyre on the record. unless you have further argument about that, im ready to rule. >> especially, the only further argument ill make on it this, especially since i believe we should include the aggravated battery sections as relates before, especially since, i think those should also be included, most certainly this definition should be included. >> ive already struck those, so thats not an issue. the court is not going to give that speci...

Cable analysts. theres the yelling and the screaming and theres the law. and the law states in florida and probably most of the other 49 states it is not illegal to follow. period. >> period. >> so to instruct a jury -- any time you instruct a jury on the law in closings is not allowed. if you try to object as a defense attorney, it looks bad. >> it looks bad. you try not to interrupt each others closings. theres no love lost for these two sides. theyre brass knuckles, bloody knuckles and fighti...

Wheel and on foot. so we had hashed that out, i thought. i understand mr. west didnt think any of it is credible or right. respectfully, thats up to the jury, not mr. west. so the issue is i think the provocation language should be included. the only issue that i hear is whether or not it also ought to on top of the issue of provocation include the phrase force or threat of force. and again, carrying a firearm or grabbing or accosting to the point that someone hears let go and a physical struggl...