Let’s Really Confuse the Jurors-Appellate Counsel Ineffective for Failing to Challenge the Omitted Instruction in The Attempted Robbery Jury Instructions

Appellate counsel ineffective for failing to challenge the attempted robbery jury instruction had omitted part 2(a) of the standard attempted robbery jury instruction. which reads as follows:

2 a.  [someone prevented [him] [her] from committing the crime of (crime charged).](This was the omitted part in the jury instruction).

Additionally, Further instructions should have read’ toward committing the crime of Attempted Robbery and not (Robbery)’with a Firearm that went beyond just thinking or talking about it

Please see the standard jury instructions below for an attempt to commit a crime and then please note the written instructions given to the jury.

__________________________________________________

5.1 ATTEMPT TO COMMIT CRIME

  • 777.04(1), Fla.Stat.

 

                Use when attempt is charged or is a lesser included offense.

[To prove the crime of Attempt to Commit (crime charged), the State must prove the following two elements beyond a reasonable doubt:]

                Use when necessary to define “attempt” as an element of another crime (such as felony murder).

[In order to prove that the defendant attempted to commit the crime of (crime charged), the State must prove the following beyond a reasonable doubt:]

1.(Defendant) did some act toward committing the crime of (crime attempted) that went beyond just thinking or talking about it.

2.  [He] [She] would have committed the crime except that

  [someone prevented [him] [her] from committing the crime of (crime charged).]

b. [[he] [she] failed.]

                Defense. § 777.04(5)(a), Fla.Stat.

 

 

It is not an attempt to commit (crime charged) if the defendant abandoned [his] [her] attempt to commit the offense or otherwise prevented its commission, under circumstances indicating a complete and voluntary renunciation of [his] [her] criminal purpose.

 

Lesser Included Offenses

No lesser included offenses have been identified for this offense.

______________________________________________________

The following are the attempted robbery instructions at trial

 

5.1 ATTEMPT TO COMMIT CRIME

  • 777.04(1), Fla.Stat.

To prove the crime of Attempted Robbery with a Firearm, the State must prove the following two elements beyond a reasonable doubt:

  1. CHARLES AJOLOKO did some act toward committing the crime of Robbery with a  Firearm that went beyond just thinking or talking about it.
  2. He would have committed the crime except that he failed.

It is not an attempt to commit Robbery with a Firearm if the defendant abandoned his attempt to commit the offense or otherwise prevented its commission, under circumstances indicating a complete and voluntary renunciation of his criminal purpose.

_______________________________________________________

The instruction should have read, ‘it is not an attempt to commit Attempted Robbery with a Firearm if the defendant abandoned his attempt to commit the offense or otherwise  prevented its commission, under circumstances indicating a complete and voluntary renunciation of his criminal purpose.

It also should have included part 2a [In order to prove that the defendant attempted to commit the crime of (crime charged), the State must prove the following beyond a reasonable doubt:]

a. [someone prevented [him] [her] from committing the crime of (crime charged).]

[[he] [she] failed.]

_____________________________________________________

It only cited ‘but he failed’.

Justice for My Son 2

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3 thoughts on “Let’s Really Confuse the Jurors-Appellate Counsel Ineffective for Failing to Challenge the Omitted Instruction in The Attempted Robbery Jury Instructions

  1. Pam, it’s hard to read and understand legal verbiage. The average person (me) gets lost. I suggest that you write it out in your own words what happened and then add the legal paper. then the reader will understand better what it’s saying. Personalize the blog so people can get to know you and your son. That is what they will respond to.

    I know this is hard on you. how are you holding up? I wanted to get back to you but I’ve been so swamped.

    Liked by 1 person

    1. Thank you again for your input and trying to help me with my blog. Like always, I have been working long hours. This week, I have worked 14 hours a day. The only good thing is that it is not too busy and I was able to do a little social media. I know that you are right about making it more personal. I am holding up a lot better now that I can visit my son more frequently. He is only fours away instead of 14 hours.

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  2. Try adding more tags – ineffective counsel ( simpler) , beyond a reasonable doubt, framing defendant, confusing the jury, also use his name as a tag. Think like another person who is searching for answers. What would this person put in google because they had a problem like yours that would pull up your site? Put your own tags in google and search. Do they pull up your site in the first 3 pages? People rarely search past the first few pages.

    Add some posts about you and how this is affecting your life. Or stories of other people being falsely accused or even finally getting out when they were finally found innocent. People want to read stories. Give them a story they can follow.

    Sign up at StumbleUpon. Paste the web address to all of your posts there. Even the old posts. Put them in three different categories – crime, law and government. Let me know and I’ll follow you and “like” them (stumble them). Half my blog hits come from there. A year later they are still being stumbled.

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