Whether the Fifth Circuit has "so far departed from the accepted and usual course of judicial proceedings, ... as to call for an exercise of this Court's supervisory power," Supreme Court Rule 10(a), by its slapdash review of the merits issue presented by Petitioner in his application for a certificate of appealability, as a result of which:

(a) the court mistook the issue presented by Petitioner for a very different issue, then decided that un-presented issue, and in the course of that,

(b) failed to take into account decisions from the United States Courts of Appeals for the Sixth and Tenth Circuits that demonstrated the merit of Petitioner's claim on identical questions of prejudice due to trial counsel's ineffectiveness.

Whether the Fifth Circuit has departed from the accepted course of judicial proceedings