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Right, they re going down the line of instructions, they will get to self-defense. they will either find the shooting to be justifiable or they will not find it to be justifiable. the only wrinkle in that is that o mara told them, why don t you start with self-defense and that may shortcut the whole process. if they did that, they ve already dismissed self-defense. if they haven t, they will be progressing to that soon. but the manslaughter instruction doesn t really turn on whether or not in this case george zimmerman was the aggressor, because there hasn t been any evidence of aggression. under the gibbs case, the supreme court said or the florida court said that aggression has to be physical in nature. following even using racial epithets does not constitute aggression that would warrant exclusion from the self-defense statute. there is no evidence of that. ....
Defini definition of physical injury being provided. as the child abuse instruction requires is mandatory to define the type of physical injury purchase suppopr student to cha 39. next case is sheridan which is 799223, second district court. 2001. here again, third-degree murder premised upon being a lesser included offense. in that case it was a first degree first charge and underlying offense committed by sheridan was a nonenumerated felony. at the time aggravated felony. the defense counsel argued third-degree murder instruction was proper. court goes on to say that the ....
Yesterday? i think the defense scored more. first of all, the prosecution basically good the same re-enactment with the dummy that the defense did. and the prosecution should have used that opportunity to give a visual to the jury of their theory of the case. the problem is prosecution has not presented a clear theory of the case to the jury. perhaps that s coming today in closing argument. they have suggested that perhaps both men were standing upright at the time of the shooting. if so, let s stand that dummy up, let s give that visual to the jury. the prosecution did not do that. we ve had witnesses who said that george zimmerman was on top during the scuffle. let s put him on top. put the dummy on top and demonstrate that way. prosecution didn t do that. prosecution also allowed the witness to say that the gun would have been at zimmerman s inner left thigh, but zimmerman himself demonstrates that the gun was holstered behind his right hip. much more to come. as we said, fascin ....
The facts in that case they describe similarity to another case gonzalez, argue the convictions of the lesser included offense of third-degree murder felony murder were inconsistent. the court said, no, bottom of the last full paragraph, jury s verdict doesn t mean the aggravated battery conviction had to be reversed. so the reason that i put this in here, judge, is to show that i anticipate an argument that the defense would argue is this a legally inconsistent possibility and i put that in there to say that, no, there is nothing legally inconsistent about it. even if there were, the correct way to phrase it might be a logical inconsistency and that s perfectly permissible and should ....
Interns and law clerks. there is only three lawyers. the woman sitting next to him, don west and of course mark o mara preparing his closing argument. we need time to respond. so the judge will come back to that. but that s a very significant issue. and if she decides that given the stakes here, maybe we need to give him time, the history of this judge would suggest to me she s not going to give him the rest of the day. right. she s been pretty strict with keeping things on schedule. here is the tension that judge nelson has to take into account. on the one hand, she has a sequestered jury, she has to move this case along. on the other hand, she has to afford the defendant all of his constitutional rights. and if she doesn t and he s convicted, there will be an appealable issue and the whole case could have to be retried if the conviction is vreversed on ....