PG VII Federal Constitutional Issues.
CAVEAT: If a Federal Constitutional issue is not preserved at trial, the issue may be waived for later consideration on certiorari or federal habeas. (See FORECITE PG VII(C).) While some federal claims are included in the FORECITE briefing and notes, it is virtually impossible to identify all potential federal issues which might apply to the circumstances of a given case. Therefore, counsel should independently evaluate what federal claims may apply.
Of course, it is possible to argue that almost any instructional issue implicates the Federal Constitution since most instructs directly or indirectly impact the defendant’s right to a full and fair jury trial. Hence, counsel will have to determine, on a case-by-case basis, whether the issue rises to the level of a Federal Constitutional claim.