THE NATIONAL CRIMINAL JURY INSTRUCTION COMPENDIUM
Instructions And Issues Omitted By The Pattern Instructions
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VOLUME 1 - CHAPTER 4
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4.2 Instruction Objections

    4.2.3 Failure To Object To Jury Instructions As Ineffective Assistance Of Counsel

    4.2.3.1 Failure To Object As Ineffective Counsel: General Principles
    4.2.3.2 Failure To Object To Acquittal First Instruction As Ineffective Assistance Of Counsel
    4.2.3.3 Failure To Cross-Examine Codefendant Or Object To Codefendant’s Testimony As Ineffective Assistance Of Counsel

THE NATIONAL CRIMINAL JURY INSTRUCTION COMPENDIUM
Instructions And Issues Omitted By The Pattern Instructions
Copyright & Publication Information

VOLUME 1 - CHAPTER 4

PRACTICE NOTE: Failure to object to jury instructions may be ineffective counsel. (See Barron v. State (FL 1993) 627 So2d 582, 583 [case remanded for trial court’s failure to consider issue of trial counsel's apparent ineffectiveness in failing to object to given instruction]; Hill v. State (FL 1987) 511 So2d 567, 568; [defense counsel failed to object at trial or request proper instruction regarding insanity defense]; Palmer v. State (IN 1991) 573 NE2d 880, 880 [defense counsel's failure to object to and appeal from incorrect instruction on voluntary manslaughter in murder trial constituted ineffective assistance of counsel]; Commonwealth v. Thuy (PA 1993) 623 A2d 327, 334-35; Commonwealth v. Roxberry (PA 1992) 602 A2d 826, 828 [counsel ineffective for failing to object to omission of alibi instruction]; Commonwealth v. Gainer (PA 1990) 580 A2d 333, 336; Commonwealth v. Horwat (PA 1986) 515 A2d 514, 516 [trial counsel ineffective for failing to object to "change of appearance" instruction which did not make it clear that, in order for an inference of consciousness of guilt to arise, the jury must first find that the defendant changed his appearance intentionally for the purpose of avoiding prosecution]; Commonwealth v. Hoetxel (PA 1981) 426 A2d 669, 673 [counsel ineffective for failing to object to the absence of a constructive possession instruction].)

    See also NCJIC 275.4.3 [Failure To Object To Acquittal First Instruction As Ineffective Assistance Of Counsel].

    See also NCJIC 4.2.3 Failure To Object To Jury Instructions As Ineffective Assistance Of Counsel].

THE NATIONAL CRIMINAL JURY INSTRUCTION COMPENDIUM
Instructions And Issues Omitted By The Pattern Instructions
Copyright & Publication Information

VOLUME 1 - CHAPTER 4

    See NCJIC 275.4.3 [Failure To Object To Acquittal First Instruction As Ineffective Assistance Of Counsel].

VOLUME 1 - CHAPTER 4