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>> page, you hear rich manti, the prosecutor saying because trayvon martin was 17 years old, under 18, there was third degree felony murder charge available because of what he described as child abuse. he's making that case right now. >> he has to first prove the underlying felony, prove there was actual child abuse that occurred in this case. i agree with paul, it's a stretch here, i don't think the judge would give it. a lot of people are wondering why at this point are we trying to figure out what we are charging george zimmerman with. the fact is the law allow as lesser included offense li...

Now on his condition. >> wolf, we know randy travis suffered a stroke and it required this operation to basically relieve pressure on his brain. what can happen in situations like what is happening with randy travis, once you develop a heart problem, in this case, cardio cardiomyopathy, the heart isn't beating as well, is not pumps as much blood as it should to the rest of the body and why he has this assist device in his heart to try and improve that. even with that device, sometimes when you're not getting enough blood flow to the brain, what happens is the brain can become inflamed and star...

Mandatory to define the type of physical injury pursuant to chapter 39. the next case is sheridan. s-h-e-r-i-d-a-n. which is 799 southern 2nd 223. second district court from 2001. here again, we have third degree murder, premised up upon -- premised upon being a lesser included offense. in that case, it was a first-degree murder charge but it was third degree murder and then underlying offense committed by sheridan was a non-enumerated felony. in that case, at the time, it was aggravated battery, ing aggravated battery is now an enumerated felony. the defense counsel argued third degree murder...

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...

The case law upon which i would rely begins, i think, in the stack that's 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 court's 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 combine instructions for child abuse and child neglect. otherwise, that was the reason, i believe tha...