No. 21-7178

Amadeo Valls v. Florida

Lower Court: Florida
Docketed: 2022-02-23
Status: Denied
Type: IFP
IFP
Tags: constitutional-intolerance double-jeopardy due-process federalized-claims habeas-corpus ineffective-assistance ineffective-assistance-of-counsel reasonable-probability state-appellate-courts state-courts summary-orders systemic-inattentiveness
Latest Conference: 2022-04-22
Question Presented (from Petition)

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.

II. 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 LIKIHOOD OF BIAS.

III. 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
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
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.

Question Presented (AI Summary)

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

Docket Entries

2022-04-25
Petition DENIED.
2022-04-07
DISTRIBUTED for Conference of 4/22/2022.
2022-01-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 25, 2022)

Attorneys

Amadeo Valls
Amadeo Valls — Petitioner