Whether the Court should resolve the clear circuit split on whether Strickland-v-Washington prohibits a criminal defendant from obtaining relief due to an attorney's deficient performance/failure to request a jury instruction on a lesser-included offense

QUESTION PRESENTED FOR REVIEW Whether the Court should resolve the following question for which there is a clear circuit split: does the Court’s holding in Strickland v. Washington, 466 U.S. 668 (1984), prohibit — as a matter of law — a criminal defendant from obtaining relief due to an attorney’s deficient performance/failure to request a jury instruction on a lesserincluded offense (i.e., does the fact that there is sufficient evidence in the record to support the charged offense per se prevent a defendant from establishing that a defense attorney was ineffective for failing to request a jury instruction for a lesser offense — or should a court instead analyze whether there is a “reasonable probability” that the jury would have convicted the defendant of only the lesser offense). il B. PARTIES INVOLVED The parties involved are identified in the style of the case. iii