"Instant Death" over-rides "Miss if prot. from ailments"

Hello,

In the mod I am working on, I want to make Cyan more useful, which of course requires some re-thinking on his Swdtech/Bushido skills. The one I currently have my eye on most is, of course, Cleave/Oblivion, a skill whose usefulness is hampered by A.) the long time it takes to charge, and B.) the fact that so many enemies are immune to Instant Death attacks.

Removing the "Spell miss if Death prot." check in FF3usME will, of course, allow the skill to bypass this and kill anything, but it also makes the ability *way* overpowered, as you can imagine! I attempted to bypass this by having the skill inflict a status effect which doesn't really seem to play any role in battle for enemies (Magitek, Near Death), set the skill to miss if the enemy is immune to such effects, and of course making choice enemies immune to them, while leaving most enemies (Death protection or not) vulnerable to said ailment, allowing the skill to slice them. However, even if an enemy is immune to this status effect, the skill still hits, killing them. Can anyone think of a way to bypass this?

One thing I am considering is looking at the Suplex skill's code for guidance, and combining it somehow with a version of the X-Zone/Odin/Cleave's code in a different section of that bank, but I'm not sure if this will work, and I certainly don't want Oblivion to just check for Suplex immunity! Any advice or solutions?