I. Did the panel of the Tenth Circuit err by improperly deciding the merit of an appeal before the court to justify the denial of a certificate of appealability?

II. Has the Supreme Court of the United States overturned its own precedent in Buck v. Davis, 137 S.Ct. 759 (2017); Trevino v. Thaler, 133 S.Ct. 1911 (2013); and Martinez v. Ryan, 566 U.S. 1 (2012). Where this court decided that a procedural default would not bar a claim of ineffective assistance of trial counsel; when collateral proceeding was the first place to challenge a conviction on ground of ineffective assistance?

III. Does the Supreme Court decision in Buck v. Davis violate the equal protection of law, where it allows a different standard of review for state prisoners as compared to federal prisoners who are similarly situated?

Did the panel of the Tenth Circuit err by improperly deciding the merit of an appeal before the court to justify the denial of a certificate of appealability?