Whether summary orders rejecting federalized claims have become constitutionally intolerable post-AEDPA

QUESTIONS PRESENTED I. WHETHER SUMMARY ORDERS REJECTING FEDERALIZED CLAIMS HAVE BECOME CONSTITUTIONALLY INTOLERABLE POST-AEDPA BECAUSE STATE CONVICTIONS ARE NOW UPHELD UNDER A REASONABLE PROBABILITY OF SYSTEMIC INATTENTIVENESS BY CHRONICALLY OVERWORKED STATE APPELLATE COURTS. JI. WHETHER, COUCHED IN AN INEFFECTIVE ASSISTANCE OF APPELLATE COUNSEL CLAIM, THE CONTEMPTUOUS FALLOUT OF PERSONAL ATTACKS BUILDING UP BEHIND MULTIPLE ATTEMPTS TO DISQUALFY THE JUDGE DEVOLVED THE PROCEEDINGS TO A POINT . WHERE THE JUDGE NECESSARILY SATISFIED THE POSSIBLE TEMPTATION TEST FOR GENERAL CONTEMPTUOUS CONDUCT CREATING AN UNCONSTITUTIONAL LIKTHOOD OF BIAS. Ill. WHETHER COUCHED IN AN INEFFECTIVE ASSISTANCE OF APPELLATE COUNSEL CLAIM, FLORIDA DECISIONAL LAW ON CRIMINAL INTENT OVERLOOKS PROOF OF THAT ESSENTIAL ELEMENT WHEN CONDONING ITS UNCONDITIONAL SUBSTITUTION WITH MATERIAL VARIANCES AND UNCHARGED THEORIES DESPITE A SPECIFIC INTENT CHARGE IV. WHETHER COUCHED IN AN INEFFECTIVE ASSISTANCE OF APPELLATE COUNSEL CLAIM, THE LACK OF ANY ABNEY RULE PROCEDURES IN FLORIDA ALLOWS STATE COURTS UNAUTHORIZED LEEWAY TO OVERLOOK A NULLITY TRAP SINCE A LACK OF JURISDICTION WILL OCCUR UPON DISREGARDING IMMEDIATE COLLATERAL REVIEW OF A PRETRIAL DENIAL OF COLORABLE Ly DOUBLE JEOPARDY CLAIMS. V. WHETHER COUCHED IN AN INEFFECTIVE ASSISTANCE OF APPELLATE COUNSEL CLAIM, THE DOUBLE JEOPARDY CLAUSE IS ABRIDGED BY CUMMULATIVE PREJUDICIAL EFFECT OF ERROR FACTORING: (1) OVERREACHING INDUCED MISTRIALS WHERE NO DEFENSE MOTION FOR MISTRIAL EXISTS AS DISTINGUISHABLE FROM THE KENNEDY STANDARD WHICH NARROWED ITS OVERREACHING EXCEPTION TO GOADING DEFENDANTS INTO MOVING FOR MISTRIALS (2) THE INCREMENTAL EVILS OF TRIAL HONING IN A PROSCUTION FRIENDLY TRIAL COURT DURING A TRIAL BY ATTRITION SCENARIO OF ONE OR MORE MISTRIALS AND (3) A CAUSALLY RELATED MISTRIAL CONNECTION BETWEEN ONE OF MORE JURIES DELIBERATIONS HAVING BEEN PROMOTED INTO ii DEADLOCKING VIA CASUAL RELATIONSHIPS BETWEEN ACTS OF OVERREACHING AND ITS DEADLOCK PROMOTION NEXUS SO THAT AS INDIVIDUAL AND CUMULATIVE ABRIDGEMENT(S) SUCH SITUATIONS BAR RETRIAL. .