The question presented by this petition is whether
a defendant's Sixth Amendment right to effective assistance of appellate counsel, and Fourteenth Amendment right to due process, are violated when:
1.
A prosecutor requests a jury instruction that
omits an essential element of the crime
charged;
2.
The prosecutor argues in summation for a
conviction consistent with the omission of the
essential element of the crime charged;
3.
The trial court provides a jury instruction
that omits the essential element of the crime
charged;
4.
The defendant's trial counsel fails to object
to any of the foregoing;
5.
The defendant is convicted of the crime
charged; and
6.
The defendant's appellate counsel on direct
appeal fails to raise the issue as a basis for
reversal on the defendant's behalf.

Whether a defendant's Sixth Amendment right to effective assistance of appellate counsel, and Fourteenth Amendment right to due process, are violated