Did the Court of Appeals for the 8th Circuit err in not issuing a Certificate of Appealability?

QUESTION PRESENTED Petitioner’s private practice defense counsel’, whose practice was struggling financially, created a personal conflict of interest before the start of Petitioner’s criminal trial by applying for a salaried position with the office of the public prosecutor who was prosecuting Petitioner, . without ever disclosing this information to Petitioner or the Trial Court. His counsel subsequently accepted a position with that prosecutor’s office after Petitioner’s trial, but before his sentencing thus creating a professional conflict of interest. Up to this point the Trial Court, State Appellate Courts, and U.S. District Court had not considered the personal conflict in the resolution of this case that Petitioner had argued. The questions presented are. . 1.) Did the Court of Appeals for the 8" Circuit err in not issuing a Certificate of : Appealability? : 2.) Do the facts of this case demonstrate a structural error affecting the integrity of the judicial system such in the absence of federal law involving conflicts other than multiple representation, this Court should establish new federal law to direct the . lower courts on how to resolve those conflicts? ‘