Whether the Ninth Circuit should have granted a certificate of appealability on the ineffective assistance of counsel claim

QUESTION PRESENTED (1) Defense attorneys must conduct reasonable investigations. Out of twentyone potential witnesses, trial counsel only interviewed McGhee and his friend. In his motion for continuance, which the court denied, counsel wrote, “[McGhee] cannot be effectively represented by me” unless he conducted more interviews. Posttrial evidence shows counsel had located witnesses, but forgot to prepare some paperwork to access them. Should the Ninth Circuit have granted a certificate of appealability (“COA”) on McGhee’s ineffective assistance of counsel claim? (2) Federal courts should not defer to state court decisions based on unreasonable findings of fact. The state court denied McGhee’s IAC claim, finding the witness declarations not credible, though it never ordered briefing or a hearing. In federal habeas, the district court also refused a hearing, found the state court findings reasonable, and denied the petition. Should the Ninth Circuit have granted a COA and issued a remand to the district court for a hearing? i