Markeisha Elliott v. Shannon Olds, Warden

CONSTITUTIONAL QUESTION 1 (related to COA Claim One) (l)(a) Whether the Sixth Circuit erred by denying a COA on the merits instead of deciding the "threshold inquiry" of whether a Petitioner has raised a genuine constitutional question under the Sixth Amendment, when it claims that trial counsel rendered ineffective assistance by: (a) not objecting to lack of a jury instruction on "accident" and (b) not informing the jury that the State had the burden of proving the victim's injury was not caused unintentionally by "accident"? (1)(b) Whether to decide an issue of IAC on the merits at the COA stage under 2253(c)(2) relying on STRICKLAND is misplaced, and also a violation of Miller-El v. Cockrell, 537 U.S. 322 at 336- 337 to decide an appeal without jurisdiction? (l)(c) Whether a defense of "defense-of-another" may operate in conjunction with a defense of "accident" to excuse an accused's act provided that the victim's death or serious harm was the result of the accused's lawful act of self-defense or defense-of-another, as argued in United States v. Jenkins, 59 MJ. 893?