Question not identified

QUESTIONS PRESENTED. o "5 mo 1,5” ‘Under ‘the Constructive. Amendment, any, substantial amendment, direct.or Cos indirect, of an indictment must be resubmitted to the grand jury. Pendleton newly ©; ; . discovered ineffectiveness by trial. counsel's failure to object that the lower ‘. : ; : court's instructions to the .petit jury on three substantial elements such as ; Se Couceal, Enticement, and Entice Away, which were not alleged in -the So : os ‘. indictment for Kidnapping. Does this violate Fifth and Sixth Amendments of the — ns U.S. Constitution? § ~ me . .;.'... 2... Under the Malicious Assault ‘statute, W.Va. Code §61-2-9(a) states, in part: , ae any person maliciously shoot, ‘stab, cut-or wound any person, or by any means ; ; . cause him bodily injury with intent to maim, disfigure, disable or kill. Pendleton a : . -" newly discovered. ineffectiveness by ‘trial counsel's failure to object that the. ' . indictment had wrongfully alleged ["with the intent to cause bddily injury"]. Does : this violate Sixth and Fourteenth Amendments of the U.S. Constitution? = — . 3. Under West Virginia Common Jaw definition of robbery is: the unlawful taking . , and carrying away, of money.or goods, from the person of another or in his ° a : ‘ presence,-by force or putting him in fear, with intent to steal the money or goods. ; ; Pendleton's indictment ‘alleged the surplusage: "did violently steal" pursuant to a, : ; West Virginia Code §62-9-6. Does this violate clearly established federal law in s : . U.S. v. Russell, 369 U.S. 749? oe ae : ; 4,. ° ‘Under Blockburger v. United States, 284 U.S. 299 (1932), to determine there are. ; _ two offenses or only one, each provision requires proof of a fact the other does oo. : _ +: not. Charges of robbery and larceny, Pendleton's indictment failed to allege two oo . additional elements: that the taking has been from the person of another or in his : oO “presence; and that the taking is by force or putting the person in fear; separating : tobbery from larceny. Does this violates the Blockburger test? 4 ;