The Florida Supreme Court has amended its standard jury instruction for the penalty phase of capital cases. The court's dual role as promulgator of rules and tribunal to hear claims of incorrect instructions produces this odd statement:

We hereby authorize for publication and use modified instruction 7.11 as set forth in the appendix to this opinion. In doing so, we express no opinion with respect to the correctness of the instruction....

Trial judges, use this instruction, but we might reverse you for "error" if you do.

Bill Kaczor of AP has this story.