Whether a defendant's Sixth Amendment right to effective assistance of appellate counsel, and Fourteenth Amendment right to due process, are violated

QUESTION PRESENTED The question presented by this petition is whether a defendant’s Sixth Amendment right to effective assistance of appellate counsel, and Fourteenth Amendment right to due process, are violated when: 1. A prosecutor requests a jury instruction that omits an essential element of the crime charged; 2. The prosecutor argues in summation for a conviction consistent with the omission of the essential element of the crime charged; 3. The trial court provides a jury instruction that omits the essential element of the crime charged; 4. The defendant’s trial counsel fails to object to any of the foregoing; 5. The defendant is convicted of the crime charged; and 6. The defendant’s appellate counsel on direct appeal fails to raise the issue as a basis for reversal on the defendant’s behalf.