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CNN CNN Newsroom July 11, 2013 14:07:00

With manslaughter instead, because they think that s a better chance under their theory of prosecution whatever it may actually be, since we haven t heard it yet, they could do that. but we object. we want this to go to the jury on second degree murder only. thank you. based upon state vs. montgomery 35 law weekly, the supreme court 204, also cited at 39 southern 3rd 252, from 2010, the court will give the instruction on manslaughter. as a category 1. thank you, your honor. the instruction as to manslaught manslaughter, i don t know that there is any quarrel with how that is worded because the position i think of the defense was that it shouldn t be given at all, so we could discuss that at this point if there are any objections to that. given the court s ruling, are ....

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CNN CNN Newsroom July 11, 2013 14:18:00

Was correct. if it results in death it can indeed be third degree murder and the defendant is entitled to such an instruction to the jury and onto the next page after si corroboration in that ca case after citation in that case. we find the failure to give the instruction to have been reversible error. the next case is j-a-k-u-v-o-w-s-k-i. which is a second district court of appeal decision from 1986. again, here we have a third degree felony murder. in that case, the victim was 6 years old. based on underlying felony of child abuse. and in that case, the defendant was charged both with second degree murder and third degree murder. after deliberation, the court apparently, under joa as to second agreeing murder and after deliberations the jury convicted of third degree murder based on ....

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CNN CNN Newsroom July 11, 2013 14:38:00

Being perpetrated upon the defendant. is that correct? i m not clear what mr. mantei is referring to now. if you were to look at the state s suggested instruction, the third paragraph down, we re talking about the third and fourth paragraph, it requires for the justifiable use of deadly force, for the for the defendant to prevent imminent bodily death or imminent death or great bodily harm to himself while an attempt to commit some type of enumerated defense upon him. we re not asking for that instruction. we don t think that it s the issue in our case. i ve drafted an instruction i think specifically addresses the legal issue before the jury and properly sets out the standard that the jury should apply. let me just make sure i have this correct. that the defense is not wanting ....

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CNN CNN Newsroom July 11, 2013 14:39:00

An enumerated felony upon him by the victim in order to have justifiable use of force? that s right. if that s what they want, that s what i m going to do. well, if i could be heard on that? yes, you may. the standard instruction, both the current and the proposed indicate that that is actually a required instruction because it is essentially, if you look at the statutory citation, 782.02 that is the definition of justifiable use of deadly force in the florida statutes. the next paragraph simply defines the force of a felony. in order to be entitled what section are you saying? i ve got the 3.6 f justifiable use of deadly force, the one that s being considered by the florida supreme court. correct. there is a if you look at the ....

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CNN CNN Newsroom July 11, 2013 14:05:00

Manslaughter charge is fastate montgome montgomery, a little more infamous from the florida supreme court in 2010 declared the instruction for manslaughter was invalid, however, it is on page 5 of that opinion that i think the most operative language begins, actually begins the bottom of page 4 under the heading lesser included offenses, continues on page 5. but it makes very clear manslaughter is a category 1 lesser included offense of first-degree murder. and what that means is delineated on page 5, a necessarily lesser included offense is as the name implies a lesser offense always included in the major offense. the trial judge has no discretion on whether to instruct the jury on a necessarily included offense once the judge determines the offense is a necessarily included offense, the instruction must be given. consequently, at montgomery s trial for in that case, first-degree murder, but also here as to second degree murder ....

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