Whether the United States Court of Appeals for the Fifth Circuit abused its discretion by denying Petitioner's Application for a Certificate of Appealability ("CoA"), filed pursuant to 28 U.S.C. § 2253(c)(2), when it decided the merits of the appeal, and then justified its denial of the CoA based on its adjudication of the actual merits, thereby in essence deciding the appeal on the merits, pursuant to jurisdiction, contravening this Court's clearly established precedents in Burke v. Davis, 137 S.Ct. 0 [__], TIC 20P, [__] Miller v. Cockrell 537 U.S. 322, [__] (2003).

Whether granting of this Court's writ will obtain relief of the Court's appellate jurisdiction that exceptional circumstances warrant the exercise of the Court's discretionary powers, and that relief cannot be obtained in any other form or manner.

Whether granting of this writ will conform to the Court's appellate jurisdiction that only exceptional circumstances warrant the exercise of the Court's discretionary powers and that adequate relief cannot be obtained in any other form