Where a State Court fail to adjudicate an issue properly raised and argued in a post conviction petition and on appeal, can the absence of a res judicata bar constitute cause for purposes of filing a successive petition, or does the fact that an issue was presented in an initial petition in and of itself prevent a petitioner from raising it again no matter the circumstances?

Question(s) Presented 1.) Where a State Court fail to adjudicate an issue properly raised and argued in a post conviction petition’and on appeal,can ; the absence of a res judicata bar constitute cause for purposes . of filing a successive petition.Or,does the fact that an issue was presented in an initial petition in and of itself prevent a _ petitioner from raising’ it again no matter the circumstances? 2.) Does counsel's performance fall: below prevailing professional . norms and become acquiesced in the court's failure to properly instruct the jury? ° . i | LISTOF PARTIES; ce ix] All parties appear. in the caption: of the case‘on’ the: cover page.:> ; [: ], All parties: do:not: appear in:the caption of the-case:on. the cover: page: Allist OF x ; ~~ all parties. to.the proceeding in the court ‘whose:judgment: is the subject’of this: wie ad