DOES AN APPELLATE COURT ERR WHEN IT DISMISSES AN APPEAL, BECAUSE "IT LACKS AN ARGUABLE BASIS IN LAW OR FACT" WITHOUT FIRST PROVIDING THE PETITIONER AN OPPORTUNITY TO PRESENT THE BASIS UNDER WHICH THEY SEEK TO APPEAL AND TO PRESENT THE FACTS THAT SUPPORT THEIR CLAIM?

2. DOES AN APPELLATE COURT ERR IN DENYING A MOTION FOR RECONSIDERATION DESPITE BEING PROVIDED WITH PROOF THAT ALL OF THE PHYSICAL EVIDENCE PRESENT AT TRIAL NOT ONLY DIRECTLY CONTRADICTED THE DISTRICT COURT'S CREDIBILITY DETERMINATION, BUT ALSO SHOWED THAT THE VERSION OF EVENTS ACCEPTED BY THE DISTRICT COURT WAS NOT JUST IMPLAUSIBLE BUT IMPOSSIBLE THEREBY ESTABLISHING NOT JUST A FACTUAL BASIS FOR APPELLATE REVIEW BUT ALSO A LEGAL BASIS, THAT OF CLEAR OR PLAIN ERROR REVIEW.

3. DOES THE APPELLATE COURT'S DISMISSAL OF AN APPEAL THAT INVOLVES THE UNITED STATES GOVERNMENT, WITHOUT FIRST PROVIDING THE PETITIONER A CHANCE TO STATE THE BASIS FOR, OR TO PRESENT THE FACTS WHICH SUPPORT, THE APPEAL INDICATE, OR GIVE THE APPEARANCE OF, BIAS AGAINST STATE COURTS BY THE UNITED STATES?

Does an appellate court err in dismissing an appeal because 'it lacks an arguable basis in law or fact' without first providing the petitioner an opportunity to present the basis under which they seek to appeal?