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CNN CNN Newsroom July 11, 2013 14:34:00

Intern who has really done remarkable work but we can t rely on non-lawyers to do the kind of work that s necessary right now. judge, this was a trick. doesn t the court realize this was a trick by the state? my intention right now is to get through the rest of the jury instructions, because if we had any arguments about the others, i would like to get them resolved. we will come back to this one. i understand your argument. we will come back to this one. the state also proposed the court instruct as to justifiable and excusable homicide, just as we do with second degree murder and respect to third degree murder and manslaughter, that has also been included. the next, i guess, area of discussion moves to the justifiable use of deadly force instruction. okay. i m there. ....

Garrett Versus State , Jury Instructions , Doesnt The Court , Florida Supreme Court , Spaignolia Versus State , To Manslaught Manslaughter , Constructi Instruction ,

CNN CNN Newsroom July 11, 2013 14:45:00

Also, there is some instructions to give only if there is evidence of what is seeking to be defined. the basis for the 776.412 instruction is chapter 776.012 which the court just read and the court read it correctly, that it requires, one, justified in the use of deadly force doesn t have the duty to retreat if one 776.012. i m looking at the instruction. well the but i m saying the instruction refers you to the statute. i m reading the statute. okay. the statute says a person is justified in using force to accept deadly force against another when to the extent the person reasonably believes such ....

Doesnt Support , Florida Supreme Court , 776 412 , 776 012 , Constructi Instruction , Deadly Force ,

CNN CNN Newsroom July 11, 2013 14:03:00

Guessing game? i m at the very least think she will let a charge in for manslaughter and maybe even aggravated assault. in some respects a count like aggravated assault poses a bigger danger to zimmerman than anything else. the murder case is i agree, it s very very weak. it s unlikely you get a conviction there. manslaughter remain as stretch as well. would the jury compromise with aggravated assault or something lesser which could still put him in jail for a period of time. i guess we re going back into court. thanks. let s go back to the judge. we ll get to the point on the instruction. the second degree murder, i believe, it was the same again, with the exception of the name change issue. the possession is that there are no changes being suggested to the charge of as it s written for second degree murder? that s correct. okay. same as to the possession of a firearm and discharge causing death page. there was no objections to ....

To Manslaught Manslaughter , Murder Case , Guessing Game , Anything Else , Florida Supreme Court , Debra Nelson , Constructi Instruction , Degree Murder , Lets Go , Name Change Issue , Death Page ,

CNN CNN Newsroom July 11, 2013 14:25:00

Law was not there to support it. it s a totally different offense, it involves someone assaulting another person without the intent to kill. yonk there i don t think there s any question when george zimmerman pulled the gun, he intended to shoot and kill trayvon martin. let s go back to rich mantei, making the case, that these lesser charges should be considered by the jury. so, your honor, the state believes that the law and the facts demonstrated here-in would permit the instruction on third degree felony murder so long as it is compliant with the requirements that, a, the underlying felony be alleged, b, that the jury is instructed on it s elements, c, that the jury is told that it needs to be found beyond a reasonable doubt and, four, there is also a definition of the type of ....

Trayvon Martin , George Zimmerman , Dca Case , Spaignolia Versus State , Rich Mantei , Lets Go , Constructi Instruction , Felony Murder ,

CNN CNN Newsroom July 11, 2013 14:43:00

Commit applicable felony upon him or any dwelling in which he was present. he wasn t in his house. it s either the applicable felony or in his house. no. that s the use of that s the justifiable use of deadly force. no. we disagree. well, then get me case law that says that s a wrong interpretatio interpretation. look under the standard instructions, actually, i have both. i have the proposed ones as well that the court directed us to. the courted is looking at the wrong part of the instruction, as is mr. mantei. give, if applicable under 776.012 and 776.031. a person is justified in using deadly force if he reasonably believes such force is necessary to prevent imminent death or great bodily harm to himself. that s one. or the imminent commission of felony battery or i m sorry, ....

He Wasn T , Case Law , Wrong Interpretatio Interpretation , Constructi Instruction , Rich Mantei , 776 012 , 776 031 , Deadly Force , Bodily Harm , Felony Battery ,