QUESTION No. 1: Whether a federal habeas petitioner is deprived of his constitutional rights to Due Process as implicated by the 14TH Amendment to the United States Constitution to meaningful appellate review when a federal appellate court fails to consider and address the issue or issues upon which a certificate of appealability was granted?

QUESTION No. 2: Whether the Substantial Availability Test announced by the United States Court of Appeals for the Fifth Circuit in Moore v. Quaterman, 534 F.3d 454 (5th Cir. 2008) deviates from or is contrary to the Court's consensus in Schlup v. Delo, 115 S.Ct. 851 (1995), McQuiggin v. Perkins, 133 S.Ct. 1924 (2014) and the panel decision in Bosley v. Cain, 409 F.3d 657 (5th Cir. 2005) holding that an actual innocence claim requires a habeas petitioner to support his allegation of constitutional error with new reliable evidence, whether it be exculpatory scientific evidence, trustworthy eyewitness accounts, or critical physical evidence, that was not presented at trial for exclusion, or unavailability, or available and not presented at trial?

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