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Old July 11, 2013, 11:07 AM   #262
MLeake
Senior Member
 
Join Date: November 15, 2007
Location: Outside KC, MO
Posts: 10,128
Glenn, she did say that.

However, if she does not so instruct the jury;

and

if the prosecution is allowed to make the argument in its closing (which is AFTER the defense's);

then the jury will go into deliberation having freshly been told by the prosecution that the follow itself constitutes initiating a fight, without instruction from the judge that this is not so under the law.

That is a big genie to put back in a bottle, but I don't believe the defense gets a word after the prosecution's closing.

I don't think setting the jury up to decide whether the defense attorney or the prosecutor is correct on a point of Florida statute is a wise course for the judge.
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