When a petitioner supplements his constitutional claim on appeal with a colorable showing of factual innocence, should a Court of Appeals exercise its discretion to consider the claim when an injustice would otherwise result?

No question identified. : ‘ Auestians Prosented When a petitioner supplements hic Constitutianal eloim on appeal ith o eolocoble showing of factual innocence Thok was ast cased in his Woloeas peditionin disthet court, should a Court of Appeals exercise its diseretion +o Lonsider the claim when an injustice would athecwise cesultS Te Conck of Appeals far +e Tenth ciceurts refusal +o do so under these Ciceumstances in tis case 16 Tn contlick with this Courts decision in Hormel v. Helwectng, 312 Us. $52,556,551 CIV). When instoutkians ts Phe jucy ace in complete. loecause of trial counsels ineffeekueness, Zan the esror be subjected +o a harmless error ceviems When if affected defendants substamad cights 2 The halding of the Court of Appeals Coc the. Tenth Cicer noes 1 CAN ja in cenflick with the decisian of the sith and Ninth Citak Coucts of Appeals in Ws. Mongec, 185 &3d STH, 578 Lot Ci. 19994), and Ws. ve Alkecahin,; 433 63d 148, 1159 Cath Zic. 2008),