Judge Nelson whittled down manslaughter even further this morning. An instruction for voluntary manslaughter (by act) will be given, but not for involuntary (culpable negligence). I'm aware you know the distinction; I just put the proceeding in parentheses to clarify for others.
Thanks. I was sitting in court all morning with my thumb up my ass [proverbially speaking, that is, ] and had missed that decision by the judge.
FL. Statute 782.07 (in every subdivision) uses the term "culpable negligence." But it LOOKS like under subdivision 1, an "act" need not be a negligent act.
So, since GZ admitted the act of shooting the gun (intentionally) at TM, but said it was "justified" under the circumstances, IF the jury accepts that he DID the deed but rejects the claim of justification, they COULD find him guilty of the lesser crime.
However, if they say he's not guilty of murder because the shooting was justified, that determination of "justification" should logically and legally apply to the manslaughter as well. If justified at all, then it should be a COMPLETE defense.
A smart jury will quickly acquit.
These are 6 people who couldn't get out of jury duty.
A life changing experience.
I found ABBA--Dancing Queen--looking for Neil Diamond. Long live the silver ball--yes, I did that--glad that I did it. Rarely thought of important issues.