I. Justification of necessity is not excluded as a defense to the offense of possession of a firearm by a felon, nor has it been excluded as a defense where an offense is enhanced.
II. When a felon was sufficient to raise issue of necessity so that defendant would have been entitled instruction thereon upon request, in light of defendant's testimony that he was targeted.
III. Defense counsel who fails to raise a defense may be ineffective despite absence of case law as to availability of defense at time of trial, there defense is specifically.
IV. The proper standard by which this Court review the adequacy of representation at the guilt-innocence stage of a trial is that articulated in Strickland v. Washington 466 U.S. 668, 1048, 2052, 80 L.Ed.2d 674 (1984).
Whether the U.S. Court of Appeals for the Fifth Circuit erred in concluding that the petitioner's claims were barred by qualified immunity