Does the passage of time preclude a federal court from issuing a ruling on a Rule 60(d) motion when the merits of a claim have never been reached through multiple rounds of state and federal litigation?

Questions Presented NO. ONE: Under the Federal Rules of Civil Procedure 60(d), if an issue has been presented through several rounds of litigation in both state and Federal Court and the merits of the claim have never been reached, does the passage of time necessarily preclude the District Court or the : U.S. Court of Appeals from issuing a competent ruling on same pursuant to a rule 60(d) motion? NO. TWO: If a Trial Judge during a recharge to the jury on Murder, Felony Murder, and Voluntary Manslaughter, explains that these cases will be considered on Appeal and to take his word on it, is that not intimating to the jury as to the Guilt of the [P]etitioner? : 4 ’ i