I. Did the panel of the Fifth Circuit err by deciding the merit of an appeal not properly before the Court to justify the denial of a certificate of appealability?

II. Has the Supreme Court overruled Strickland v. Washington, which held that counsel has a duty to make reasonable investigations or to make a reasonable decision that makes particular investigation unnecessary?

III. Does the Supreme Court decision in Ake v. Oklahoma, that due process may require the appointment of an expert, not apply when trial counsel's error results in the denial of a motion for appointment of an expert witness, although the trial court did determine during proceedings that a technical medical issue was in fact a significant factor in the case?

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