Shawn A. Thompson v. Tom McGinley, Superintendent, State Correctional Institution at Coal Township
DueProcess HabeasCorpus
Did the Trial Court err in failing to provide the jury with the entirety of the Third Degree Murder instructions?
No question identified. : : -*. Question's Presented Oo ol Appel Lant alleged that Trial Court gave a defective/deficient Third Degree Murder instruction to the jury, by failing to provide the jury with instructions that are needed to convict appellant of third degree murder, confusing and misleading the jury to a verdict of guilty of third degree murder. Appel lant also alleges that Trial counsel was ineffective of assistance, when counsel failed to object to the defective instructions, ‘that were giving to the jury, which violated Appellant Fourteenth Amendment due process of law and Sixth “Anendment right to effective assistance of counsel, caused prejudiced to “Appellant and not giving Appellant the opportunity of a fair and impartial trial. | Did the Trial Court exrad failing to provice the jury i with the entirety of the Thind Degree Minder instructions? II. Appellant alleged that Trial Court failed to prove all elements beyond a reasonable . doubt for a verdict of guilty or not guilty of Attempted Robbery of a Motor Vehicle, by _ , failing to give the jury an entire element of ‘Attempt’ that requires intent for a ” conviction of Robbery of a Motor Vehicle, without the complete” instruction, the jury : cannot find the defendant guilty beyond a reasonable doubt. Trial Counsel was ineffective for failing to object to the faulty instructions, violating Appellant Fourteenth Amendmerit : and Sixth Amendment causing prejudiced to the Appellant. : ; 7 oe violating Appellant Fourteenth Arendrent due process of law. : Was the trial counsel ineffective for failing to object to the III. Appellant alleged that Trial Counsel was ineffective for failing to request a jury instruction of sudden provocation (heat of passion). Appellant also alleged that the Trial Court “abused its discretion by giving an instruction for voluntary manslaughter. ; Trial Counsel was ineffective was effective failing 6bject to such an . i instraction.’ Appellant “Yas convicted, in large part, upon the third degree murder” instruction that was giving to the jury. The manslaughter instruction by the Trial Court, the failure of Trial Counsel objecting to the faulty instruction and — the failure of “Trial counsel to request an instruction of sudden provocation (heat. of ' passion) when the evidence called for such an instruction violated Appellant Fourteenth : Amendment due process of the law and Appellant Sixth Amendment right to effective of assistance of counsel caused actually prejudiced to Appellant. _ a : Tnoplete instruction fac Voluntary Manslaghtac?