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Instruction because unless the victim was doing that we don't have this situation. so if they don't want to allege that trayvon martin was committing any forcible felony upon the defendant, then what they're -- my argument would be what they're telling the court is they don't believe this is justifiable use of deadly force. didn't take it for a second that's their argument. that's the reason i put this language in here. >> response. >> yes. the state is seeking this instruction as part of a larger scheme, another trick that the state is seeking -- >> i don't want to hear the word "trick" anymo...

Be the supreme court has addressed the instruction and maybe that's addressed in montgomery. i think maybe now that law has be been -- the holding in shurose by the fifth district has now been addressed although not directly. i don't find a reference to that case in any of the subsequent case law, but i do see that montgomery from 2010, a florida supreme court case, does specifically say that the intent for manslaughter by act is the intent to commit an act that was not justified or excusable not justified or excusablxcusab which caused the death of, in this instance, trayvon martin. i want to...

Hearings that the court has had up until late in the evening, until the last minute or i requested of it, so that in and of itself is not an argument and i don't want to go there. let's go onto the argument about this instruction. >> i'm not prepared to make an argument. this was just e-mailed to me, buried in the set of instructions that the state's obviously been working on for month and months, just to spring it on everyone at the last minute. mr. mantei has this fully formed organized argument based on this case law i guarantee you he didn't come up between yesterday when they wanted aggra...

Force against him. and if they can't do that, they shouldn't be able to argue it and the jury doesn't need to deal with it. so this, in some ways, can be a misleading instruction, not applicable to the facts unless the state can articulate to the court's satisfaction there's some construction of these facts that could establish beyond a reasonable doubt, by this jury, that george zimmerman provoked the use of force against himself under the prevailing case law that defines what provoked legally means. >> okay. that respond. >> certainly. we're talking facts and reasonable inferences there from...

I have both in front of me. >> at the court's request, i did attempt to incorporate much of the proposed language from the current proposal being considered by the supreme court's jury instruction. >> just a second, mr. west, are you caught up to the justifiable use of deadly force? >> no. >> let me know when you've got it in front of you. >> we're skipping over the proposed lesser included of third degree murder based on child abuse? >> yes, we are. we're now onto the justifiable use of deadly force instruction. >> i object. i object to the instruction that the state proposes and i have prepa...