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Instructions And Issues Omitted By The Pattern Instructions

OPINION BANK TABLE OF CONTENTS
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Opinion # O-102 Re: 92.9.6.3 Felony Murder: Failure To Request Lesser Misdemeanor As Ineffective Assistance Of Counsel
Opinion # O-105a Re: 29.1.11 Bias Of Police Officer As Expert Witness Based On Potential Forfeiture Of Defendant's Assets
Opinion # O-105b Re: 106.4.5.1 Concealed Weapon In Vehicle: Weapon Must Be Concealed Within The Vehicle
Opinion # O-107 Re: 77.1.3.13 Attempted-Battery Assault: Present Ability Defined -- Unloaded Gun
Opinion # O-108 Re: 302.5.10 Applicability Of Merger Doctrine To Arson Death Qualifier
Opinion # O-109 Re: 99.3.3 Resisting Arrest: Defense Theory That Verbal Statements Are Not Sufficient
Opinion # O-110 Re: 92.9.6.2 Felony Murder: Instruction On Misdemeanor As Lesser Included Offense Of Burglary
Opinion # O-113 Re: 106.4.5.2 Concealed Weapon: Defense Theory That Weapon Wasn't Concealed In Person's Clothing, Purse, Briefcase, Etc.
Opinion # O-117c Re: 256.9.3 Unconsciousness: Evidence Justifying Instruction
Opinion # O-117d Re: 250.8.10 Heat Of Passion: Consideration Of Defendant's Culture
Opinion # O-117a Re: 92.7.3.15 Cultural Background As Relevant To Premeditation/Deliberation
Opinion # O-117b Re: 250.8.7 Cultural As Relevant To Heat Of Passion
Opinion # O-119a Re: 253.4.9.9 Failure To Give Prior Threat Instruction As Reversible Error
Opinion # O-119b Re: 253.4.9.9 Failure To Give Prior Threat Instruction As Reversible Error
Opinion # O-120 Re: 256.6.1.13 Instruction That Intoxication Is Not A Defense Must Not Be Given Together With Other Intoxication Instructions
Opinion # O-122 Re: 256.9.4 Unconsciousness: Failure To Instruct Upon Unconsciousness As Reversible Error
Opinion # O-124 Re: 273.10.11.4 Jury Unanimity: Firearm/Weapon Possession Offenses
Opinion # O-124 Re: 273.10.11.1 Jury Unanimity: Multiple Units Of Contraband
Opinion # O-131 Re: 295.3.2.5 Duty Of Trial Counsel To Request Specific Instructions On The Defense Theory
Opinion # O-131 Re: 295.3.2.6 Failure To Research And Present Nonpattern Jury Instruction As Ineffective Assistance Of Trial Counsel (IAC)
Opinion # O-131 Re: 295.3.2.7 Examples Of Cases Finding Prejudicial/Reversible Error Based On Counsel’s Failure To Request Jury Instructions
Opinion # O-131 Re: 253.4.9.10 Prior/Antecedent Threats: Right To Instruction
Opinion # O-135 Re:101.4.3.6 Continuous Sexual Abuse Of A Child--Juror Unanimity Required As To Single Victim When Charges Include Multiple Victims
Opinion # O-136 Re: 256.1.4.4 Battered Person Syndrome As Relevant To Defenses Of Duress, Coercion, Necessity, Choice Of Evils, Etc.
Opinion # O-136 Re: 256.1.3.2 A Previously Battered Person Has The Right To Act More Quickly And Harshly In Self Defense
Opinion # O-136 Re: 256.1.1.1 Battered Person's Syndrome: Cross References And Research Notes
Opinion # O-137 Re: 87.3.1 Destructive Device Offenses: Defense Theory That Device Did Not Have Capability For Destruction Of Life Or Property
Opinion # O-138 Re: 84.2.3.1 Failure To Appear: Unconstitutional Presumption From Failure To Appear Within Certain Number Of Days
Opinion # O-140 Re: 256.6.1.7 Voluntary Intoxication: Jury Must Not Consider Impact Of Prescription Drugs In Deciding Whether Intoxication Was Voluntary
Opinion # O-141 Re: 256.6.1.7 Voluntary Intoxication: Jury Must Not Consider Impact Of Prescription Drugs In Deciding Whether Intoxication Was Voluntary
Opinion # O-145a Re: 103.1.3.4 Theft/Larceny: Good Faith Belief In Consent
Opinion # O-145b Re: 252.7.6 Robbery/Theft: Good Faith Belief In Consent
Opinion # O-149 Re: 101.1.5.11 Rape/Sex Crimes: Defense Theory That Multiple Penetrations Were Not Separate Offenses
Opinion # O-150 Re: 88.9.3.1 Drug, Controlled Substances Manufacturing: Defense Theory That Assembly Or Creation Process Had Not Begun
Opinion # O-151 Re: 78.3.4.10 Burglary: Lack Of Notice As To Intended Crime As Defense Theory
Opinion # O-172 Re: 296.2.2.3 Standard Of Prejudice On Appeal: Failure To Instruct On A Defense Or Defense Theory
Opinion # O-176 Re: 285.1.7 Record Of Supplemental Instruction Proceedings And Instructions Given To The Jury
Opinion # O-177 Re: 273.10.1.1 Jury Unanimity: Assault And Battery
Opinion # O-177 Re: 273.6.5 Jury Unanimity: Different Defenses
Opinion # O-178 Re: 252.6.1.5 Consent: Improper To Define As "Positive Cooperation In Act"
Opinion # O-182 Re: 106.4.4.4 Determination Of Deadly Weapon: Two-Pronged Jury Finding Required
Opinion # O-182 Re: 77.3.3.2. Aggravated Assault: Defense Theory That The Object Used Was Not A Deadly Weapon
Opinion # O-186 Re: 93.3.3.3 False Imprisonment: "Custodial Parent Defense"
Opinion # O-188 Re: 99.3.3 Resisting Arrest: Defense Theory That Verbal Statements Are Not Sufficient
Opinion # O-189 Re:77.7.3.1 Conditional Assault: Lack Of Intent To Immediately Enforce Performance Of The Condition As Defense Theory
Opinion # O-191b Re: 265.5.6 Reduction Of Charge To Lesser Offense For Failure To Instruct On Elements Of The Greater Offense
Opinion # O-191a Re: 105.1.2.4 Vehicular Flight From Officer: Failure To Instruct On Intent To Evade And Distinctive Uniform As Reversible Error
Opinion # O-192 Re: 81.1.2.5 Child Abuse/Neglect/Endangerment: Definition Of "Care" And "Custody"
Opinion # O-193 Re: 77.15.3.3 Hate Crimes: Defense Theory That Defendant Did Not Personally Harbor The Required Mental State
Opinion # O-194 Re: 98.2.3.1 Welfare Fraud: Defense Theory That The False Representation Was Not Made Knowingly Or With Intent To Deceive.
Opinion # O-197 Re: 251.4.2.9 Good Character Evidence: Right To Expert Testimony That Defendant Is Not Deviant Or Abnormal
Opinion # O-198 Re: 83.3.8.1 Defense Theory Evidence Shows Separate Multiple Conspiracies Rather Than Once Simple Conspiracy Alleged By The Prosecution
Opinion # O-199 Re:77.4.4.1 Assault On Police Officer: Defense Theory That Simple Assault Or Assault With A Deadly Weapon Are Lesser Included Offenses
Opinion # O-204 Re: 16.14.3.8 Judge Should Not Praise Prosecutor And/Or Prosecution Witnesses
Opinion # O-205 Re: 284.1.19 Request For Transcript Should Be Considered Request For Readback
Opinion # O-206 Re: 253.4.9.9 Failure To Give Prior Threat Instruction As Reversible Error
Opinion # O-207 Re: 103.4.2.2 Retail Theft: No Completed Theft When Store Personnel Consent To Taking Merchandise Outside
Opinion # O-209 Re: 256.6.2.4 Failure To Request Instruction Pinpointing Intoxication And Mental State As Ineffective Counsel
Opinion # O-215 Re: 302.2.1.6 Felony Murder Death Qualifier: Requires Subjective Appreciation Of The Life-Threatening Risk, Even If Defendant Was A Major Participant
Opinion # O-217 Re: 77.11.2.2 Mayhem: Intent Not To Be Inferred From Injuries Alone
Opinion # O-219 Re: 34.4.10 False Statement Instruction Not Permissible Unless Substance Of The Statement Is Presented In Evidence
Opinion # O-220 Re: 32.2.1 Fingerprint Evidence: Cautionary Instruction
Opinion # O-222 Re: 65.4.6 Natural And Probable Consequences: Consideration Of All Circumstances
Opinion # O-223 Re: 276.9.1 Deliberation: Multiple Victims
Opinion # O-224 Re: 256.6.1.13 Instruction That Intoxication Is Not A Defense Must Not Be Given Together With Other Intoxication Instructions
Opinion # O-226 Re: 265.4.2 Reasonable Doubt As To Greater Charge Must Be Resolved In Favor Of Lesser
Opinion # O-227 Re: 286.1.4 Removal Of Dissenting (Holdout) Juror When Jury Is Deadlocked
Opinion # O-230 Re: 253.4.14.1 Transferred Self Defense
Opinion # O-232 Re: 273.7.2.3 Continuous Conduct Exception Does Not Apply Where Alleged Component Acts Are Subject To Different Defenses
Opinion # O-235 Re: 77.8.3.2 Defense Theory That Shooting Within A Building Does Not Violate A Statute Proscribing Shooting At Inhabited Dwelling
Opinion # O-237 Re: 295.3.2.6 Failure To Research And Present Nonpattern Jury Instruction As Ineffective Assistance Of Trial Counsel (IAC)
Opinion # O-243 Re: 295.3.2.7 Examples Of Cases Finding Prejudicial/Reversible Error Based On Counsel’s Failure To Request Jury Instructions
Opinion # O-243 Re:27.3.2.4 Impeachment Of Defendant By Prior Conviction -- Ineffective Counsel For Failure To Request Cautionary Instruction
Opinion # O-244 Re: 25.20.5 Uncharged Acts Offered To Prove Propensity: Constitutional Challenge To Proof Of Propensity By Uncharged Acts
Opinion # O-246 Re: 256.6.1.13 Instruction That Intoxication Is Not A Defense Must Not Be Given Together With Other Intoxication Instructions
Opinion # O-246 Re: 256.9.8 Improper To Instruct On Unconsciousness In Terms Of General Criminal Intent
Opinion # O-253 Re: 88.7.2.3 Conspiracy To Transport Drugs Or Controlled Substances
Opinion # O-300 Re: 16.2.1.3 Admonition Not To Form Opinions About The Case Prior To Deliberations
Opinion # O-301 Re: 16.3.5 Whether Jury Should Be Instructed That It Must Attempt To Resolve Conflicts In The Evidence
Opinion # O-302 Re: 25.20.3 Uncharged Acts Offered To Prove Propensity: Informing Jury That Prior Offenses Resulted In Acquittal Or Hung Jury
Opinion # O-303 Re: 64.6.1 Conviction Of Accomplice For Lesser Offense Than Perpetrator
Opinion # O-304 Re: 89.3.5 Under The Influence: Jury Must Consider Impact On The Particular Defendant -- Not The Ordinary Person
Opinion # O-305 Re: 98.2.2.3 Welfare Fraud: Only One Charge For All Aid Received From Single Act
Opinion # O-306 Re: 252.9.1 Mistake Of Law: Negation Of A Mental Element Of The Charge
Opinion # O-307 Re: 255.3.3.9 Sudden Quarrel Is A Type Of Provocation
Opinion # O-308 Re: 255.4.2.4 Imperfect Self Defense Based On Childhood Trauma And Post-Traumatic Stress Disorder
Opinion # O-309 Re: 256.6.1.8 Voluntary Intoxication: Any Degree Of Intoxication Must Be Considered
Opinion # O-310 Re: 257.3.2.3 Entrapment: Permissible And Impermissible Governmental Conduct
Opinion # O-311 Re: 257.3.5.3 For Purposes Of Entrapment Police Officer Includes Unpaid Agent Or Informer
Opinion # O-312 Re: 257.3.8.2 Entrapment: Failure To Instruct As Reversible Error Per Se
Opinion # O-313 Re: 286.1.8 Acquittal First Instruction When Jury Announces Deadlock As Impermissibly Coercive
Opinion # O-316 Re: 29.1.13 Challenge To Expert Testimony That Fingerprints "Match"