Does a second degree murder conviction preclude a showing of prejudice

QUESTIONS PRESENTED | | 1(a). DOES A SECOND DEGREE MURDER CONVICTION PRECUUDE A SHOWING OF PREJUDICE WHEN COUNSEL'S ERRORS WHICH PRECLUDED THE JURY'S CONSIDERATION OF MICHIGAN'S DEFENSE OF ACCIDENT UNDER C3I2D 7.2 INSTRUCTIONS TO EXCUSE THE DEFENDANT'S DISCHARGE OF THE GUN IF THE KIULING WAS ACCIDENTAL, THEREBY, LEFT THE JURY'S CHARGE ON IMPLIED MALICE FROM THE USE OF A GUN SATISFIED? 4(b). DID TRIAL COUNSEL! FAIL! TO INVESTIGATE AND PRESENT "ACCIDENT" AS A DEFENSE, TO INSTEAD, PRESENT AN INSUFFICIENT SELF-DEFENSE CUAIM AFTER A LESS THAN THOROUGH INVESTIGATION OF THE UAW AND FACTS RELEVANT TO PLAUSIBLE OPTIONS? 2(a). WAS THE SIXTH CIRCUIT'S PRECLUSION OF PREJUDICE BY DRAWING A CONSCIOUSNESS OF GUILT FROM BASIC FACTS, (WHICH, DESPITE COUNSEL'S MISREPRESENTATIONS, THE JURY COULD HAVE REASONABL'Y CREDITED AS BEING COMMITTED WITH AN INNOCENT STATE OF | MIND), CONTRARY TO OR AN UNREASONABLE APPLICATION OF STRICKLAND? | 2(b). WAS COUNSEL'S MULTIPLE ACTS OF MISREPRESENTATION, DURING A TRIAL PREMISED | ON CREDIBILITY, SUFFICIENT TO ESTABLISH STRICKLAND PREJUDICE? | | | | ‘ fi } , 5 a