11:10 a.m.
Judge Nelson says both of them did not take out a comma. She says cases have been reversed because of that comma and it should be taken out.

“The including deadly force, that comma comes out,” she says.

Judge Nelson reads more of the instruction about following someone on foot or in a car not being against the law.

She asks for argument from West.

He says he’s asking for an instruction as part of the theory of defense. He says the way the case was presented in the media and he heard people talking just last night about Zimmerman following someone and being guilty of something.

He says if they think following is illegal, the jury will be misled.

He says the state suggesting Zimmerman was following Martin would be a factual distortion for the jury.

Mantei says the state objects and says it’s the first time he has heard unnamed media cited for the court.

He says the instruction is a demand for judicial notice given to the jury.

West asks the state to give the statute that following is not illegal.

Judge Nelson says he is asking the state to prove a negative.

She says she is not giving the instruction.

She says West continually disagrees with her on rulings. She says she has provided instructions for court behavior. She says he is free to appeal. He is also free to argue the fact in closing arguments.

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Do not go gentle into that good night.
___________ Rage, rage against the dying of the light

Just had a thought: anyone want to wager that O'Mara being "away to work on his closing arguments" is really O'Mara being "away to come up with response to absurd child-abuse lesser-included charge"?

(That, or he's driving directly to Daytona Beach, to entreaty for intervention.)

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"That the attacker sustained a mortal wound is a matter that should have been considered by the deceased before he committed himself to the task he undertook." - 5th DCA, Stinson v. State (Fl)

Chip - at paraphrase and liking "mini-me" which may catch on per Stutzman tweet SheStone mentioned earlier.

Yes, Chip, I agree West is very smart and experienced. It's an affirmation of how smart RT posters are when their thoughts are echoed.

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All posts are my own opinion and do not necessarily reflect the views of Random Topics. Differences are allowed here.

Is there anyone that could intervene at this point? Could he ask the DCA for an emergency hearing to remove Nelson based on her actions of the past 2 days?

New reality show staring Judge Debra Nelson...JUSTICE GONE WILD!

I think MOM is working on closing, making notes, not writing a script. West appeared blindsided, from what I've read, so doubt he's working on 3rd degree.

_________________
All posts are my own opinion and do not necessarily reflect the views of Random Topics. Differences are allowed here.

I hope the jury is smart enough to realize following is not illegal and comes back with an acquittal on all charges in spite of this farce the Judge/prosecution is trying to pull off.

Who knows, maybe when all is said done the example shown in the dictionary for malicious prosecution will be a group photo of Nelson, Corey, BDLR, Guy, and The Weasel.

Glad you made it, flgirl543! How about JUDGES GONE WILD? I don't think she cares a bit about justice.

_________________
All posts are my own opinion and do not necessarily reflect the views of Random Topics. Differences are allowed here.

Keep trying to post a tweet by K belich

11:25 a.m.
West says it would be an improper argument for the state to make in closing.

Judge Nelson denies the motion.

She moves on to more of the jury instructions.

She moves on to the circumstantial evidence instruction from the defense.

The state has an objection.

Mantei says the instruction was eliminated 30 years ago, finding the instruction was confusing and incorrect.

West says he remembers when the instruction was standard. He says when a case is appropriate for it, it is clear the law allows it.

He says in voire dire, De la Rionda made a big deal about circumstantial evidence and direct evidence with the potential jurors.

He says the circumstances must be conclusive.

He says there is no other instruction as specific and appropriate to help the jury analyze the case. He says it gives them desperately needed guidance.

Mantei says every case with a bit of circumstantial evidence would get the instruction.

He says the case is not totally circumstantial and there is direct evidence the defendant shot and killed the victim.

“It is confusing and incorrect,” Mantei says.

Judge Nelson is not going to give the circumstantial evidence instruction.

_________________
Do not go gentle into that good night.
___________ Rage, rage against the dying of the light

Hi, Londo! Glad you made it.

From your post to God's monitor -- I hope the jurors understand that following is not illegal and that this was a malicious prosecution for political reasons. Did anyone catch whether or not the defense can argue that particular point, following, in closing? I know she mentioned something could be argued, not sure that was it.

_________________
All posts are my own opinion and do not necessarily reflect the views of Random Topics. Differences are allowed here.

Judge Nelson actually might have her own issue with the child abuse.

Nelson demurring to the felony third-degree murder while committing felony child abuse: "I have a problem with the intentional part: what is the intentional act?"

Mini-Me: "The gun shot is the act."

Um, doesn't murder (the unlawful killing) while committing a separate felony require a separate felony act? Otherwise, that's sort of tautological, isn't it?

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"That the attacker sustained a mortal wound is a matter that should have been considered by the deceased before he committed himself to the task he undertook." - 5th DCA, Stinson v. State (Fl)

Defense can argue and point out that following isn't illegal in closing argument that she just wouldn't give the special jury instruction or limit prosecutions argument.

Now the state wants the jury to decise if a reasonable person (George) defined "great bodily harm" before he feared it?

Hi, arkansasmimi! Glad you're with us today!

If you quote your own post with the Kathi Belich tweet, you can see what I did was delete most of the link, leaving only the numbers at the end, and put that between [tweet] and [/tweet]. Or, if you use the full editor, on the bottom row toward the right end there is a tweet button that puts [tweet] and [/tweet] in automatically. Then you just have to put only the tweet number, not the rest of the link, in between like this: [tweet]tweet number[/tweet] with no space before or after that long tweet number.

_________________
All posts are my own opinion and do not necessarily reflect the views of Random Topics. Differences are allowed here.

West getting ready to school Mini-Me and Nelson on reading and understanding the actual text of case law, rather than relying on the synopsis.

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"That the attacker sustained a mortal wound is a matter that should have been considered by the deceased before he committed himself to the task he undertook." - 5th DCA, Stinson v. State (Fl)