Whether a circuit justice has discretion to deny appointment of counsel for an indigent prisoner granted appeal

QUESTION(S) PRESENTED The following questions effect prisoner's nationally: 1. Whether, after an indigent prisoner is granted appeal, a circuit justice has the descretion to deny request for appointment of counsel in the meaning of the Criminal Justice Act of 1964, 18 U.S.C. §3006A? 2. Whether states, such.as in Texas, that an order for evidentiary hearing by affidavit violates an indigent prisoner's due process in not allowing him to participate in the evidentiary proceedings to develop the facts of his claims, and if such a ‘hearing is ordered by the court, should the prisoner have the right to counsel in the meaning of 28 foll. §2254, Rule 8?