The Court of Appeals opinion substantially departs from law and practice by finding that the Defendant's actions, which the court deemed "negligent", did not satisfy the bar to constitute a violation of Brown's Constitution-right to access to the prison law library, causing Brown to miss his deadline for writ of certiorari to the United States Supreme Court on habeas review.

The Court of Appeals decision, that Brown's "Strickland claim", did not satisfy "Knight's" "potentially meritorious claim" test, was contrary to the previous "Knight" court.

Should the United States Supreme Court have been allowed to answer Brown's question of rather Brown should be charged with Felony Murder, U.S.C.S. § 1, when the January 6 rioters were not?

Whether the Court of Appeals erred in finding that the Defendant's negligent actions did not violate the Plaintiff's constitutional right to access the prison law library