Jury-instructions

QUESTION(S) PRESENTED i 1.) Wherefore, in this matter is it legally permissible to ‘eonviet ‘the accused on erroneous jury instructions that do not prove guilt beyond a reasonable doubt and the elements are not proven,and, . (A.) the violation of due process by the lower court's : duty to instruct the jury sua sponte of a lesser ; included offense? , 2.) Wherefore, does the constitution protect an accused from a miscarriage of justice where impeaching evidence is lossed, or destroyed pertaining to DNA and Toxicology samples relevant to Brady material?,_ 3.) Does the failures of trial counsel to protect petitioner from wrongful conviction by allowing the proceedings to continue on an illegally impermissible prosecution due the circumstances substantiate a violation’ of the Sixth Amendment? ;