TRIAL COUNSEL FAILURE TO MAKE A TIMELY OBJECTION OR FILE A PRETRIAL MOTION TO DISMISS A FATALLY FLAWED INDICTEMENT CANNOT VALIDATE A "CONSTITUTIONALLY DEFICIENT" INDICTMENT OVER THE FIFTH AMENDMENT'S PERSONAL GUARANTEE THAT "NO PERSON SHALL BE HELD TO ANSWER" FOR A CAPITAL OR OTHERWISE INFAMOUS CRIME.

WHETHER THE COURTS INCORRECTLY DETERMINED THE PETITIONER FAILED TO SHOW INEFFECTIVE ASSISTANCE OF COUNSEL WAS "CONTRARY TO" OR "INVOLVE AN UNREASONABLE APPLICATION OF CLEARLY ESTABLISHED FEDERAL LAW, WHERE HE CLEARLY MEET THE TWO-PRONG STANDARD IN STRICKLAND.

WHETHER THE PETITIONER HAS PRESENTED "A COLORABLE SHOWING OF ACTUAL (FACTUAL) INNOCENCE THAT SERVES AS A GATEWAY THROUGH THE STATUTE-OF-LIMITATION OR PROCEDURAL BAR FOR LATE "FIRST" HABEAS CORPUS PETITION.

Whether trial counsel's failure to make a timely objection or file a pretrial motion to dismiss a fatally flawed indictment can validate a 'constitutionally deficient' indictment over the Fifth Amendment's personal guarantee