Whether the prosecution proved beyond a reasonable doubt that the shooter premeditated and deliberated an attempted murder, and whether the trial court deprived the defendant of due process by failing to provide lesser included offense instructions

I. Did the Prosecution Proved Beyond a Reasonable Doubt that the Shooter Premeditated and Deliberated an Attempted Murder? II. Did the Trial Court Deprive Tyler of Due Process and a Fair Trial by Failing to Instruct with the Lesser Included Offense of Attempted Voluntary Manslaughter? III. Did the Prosecutor Commit Prejudicial Misconduc t During Closing Argument; Did Trial and Appellate Counsel Render Ineffective Assistance? IV. Did Trial and Appellate Counsel Render Ineffecti ve Assistance (Claims I-III)? V. Did the Cumulative Effect of the Errors in Claims I Deprive Tyler of Due Process and a Fair Trial? VI. Did the Trial Court Err by Failing to Sua Sponte Instruct the Jury on the Affirmative Defense of Others? i TOPICAL INDEX Page QUESTIONS PRESENTED . . . . . . . . . . . . . . . . . . . . . . . . . . . . i OPINION BELOW . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 JURISDICTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 CONSTITUTIONAL PROVISIONS AND REGULATIONS INVOLVED . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2