in this matter is it legally permissible to 1.) Wherefore
. co.nvict 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 prot'ect 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 1of the Sixth
Amendment?

Jury-instructions