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Italicized, florida statutes, the use of deadly force is justifiable. it is that section. when you -- >> but it says give, if applicable. >> xwlek. 782.02 is entitled. this is the statute under homicide, it is justifiable use of deadly force. that is what section 782.02 is. my argument is this is a homicide case and therefore that is mandatory. that is -- the reason its referenced in the standard instruction, its a homicide and therefore if theyre seeking a request or justified deadly force. >> ...

The case law upon which i would rely begins, i think, in the stack thats been provided, with her m herman son. h-e-r-m-a-n-s-o-n versus state. 604 southern 2nd 775, which is a supreme court florida case from 1992. in that case, as set forth on page 2, of the courts decision, the third degree murder provision of section 782.04 florida statutes provides the killing of a human being while engaged in the commission of child abuse cuts murd constitue in the third degree and on that case the state com...

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