Whether the Fifth Circuit has departed from the accepted course of judicial proceedings

QUESTION PRESENTED Whether the Fifth Circuit has “so far departed from the accepted and usual course of judicial proceedings, ... as to call for an exercise of this Court’s supervisory power,” Supreme Court Rule 10(a), by its slapdash review of the merits issue presented by Petitioner in his application for a certificate of appealability, as a result of which: (a) the court mistook the issue presented by Petitioner for a very different issue, then decided that un-presented issue, and in the course of that, (b) failed to take into account decisions from the United States Courts of Appeals for the Sixth and Tenth Circuits that demonstrated the merit of Petitioner’s claim on identical questions of prejudice due to trial counsel’s ineffectiveness. i PRIOR PROCEEDINGS DIRECTLY RELATED TO THIS CASE Trial 263" District Court for Harris County, Texas, No. 941651, State of Texas v. Juan Jose Reynoso, Judgment May 12, 2004 Direct Appeal Texas Court of Criminal Appeals, No. AP-74,952, Juan Jose Reynoso v. State of Texas, Judgment December 14, 2005 Proceedings Related to Whether to Proceed with State Habeas Proceeding Texas Court of Criminal Appeals, No. AP-74,952, Juan Jose Reynoso, May 4, 2005 Texas Court of Criminal Appeals, No. WR-66,260-01, Ex parte Juan Jose Reynoso, December 20, 2006 First State Habeas Corpus Proceeding Texas Court of Criminal Appeals, No. WR-66,260-01, Ex parte Juan Jose Reynoso, June 27, 2007 Texas Court of Criminal Appeals, No. AP-75,963, Ex parte Juan Jose Reynoso, July 2, 2008 Subsequent (Second) State Habeas Corpus Proceeding Texas Court of Criminal Appeals, No. WR-66,260-02, Ex parte Juan Jose Reynoso, June 16, 2010 Federal Habeas Corpus Proceeding United States District Court for the Southern District of Texas, No. 4:09-cv-02103, Juan Jose Reynoso v. Lorie Davis, May 21, 2020 il United States Court of Appeals for the Fifth Circuit, No. 20-70023, Juan Jose Reynoso v. Bobby Lumpkin, July 29, 2021 ili