Lynn Allen Isbell v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Whether the 5th Circuit erred in directing matters directly towards the underlying merits in its C.O.A. analysis?

Whether a C.O.A. should issue because reasonable juris could debate that: (a) Isbell was denied his substantial right to effective assistance of counsel when his trial attorney aban-' ’ doned exclusion of evidence related to a 4th amendment viola­ tion; and (b) the federal District Court erred in adopting a 'preponderance' standard to dismiss this 'Strickland' issue?

Whether a C.O.A. should issue because reasonable jurist couldebate that: (a) Isbell was denied his substantial right to assistance of counsel when his trial attorney accused him of committing the 'only' charged conduct - entirely failing to act as the goverments adversary - during closing summarizati­ on, and (b) the federal district court erred in failing to review this issue under the proper 'CRONIC' standard?