Did the Eleventh Circuit exceed its subject-matter jurisdiction by denying a certificate of appealability based on its assessment of the underlying claim's merits?

QUESTIONS PRESENTED Question 1 This Court held that a court of appeals exceeds its subject-matter . jurisdiction when the appellate court bypasses the certificate of appealability process, and without granting a COA, denies a § 2255 appeal on the merits. Buck v. Davis, 137 S.Ct. 759 (2017). The Eleventh Circuit denied Mr. Gish a certificate of appealability on whether the district court should have conducted an evidentiary hearing, because in the appellate court's view, Mr. Gish still would have rejected the plea bargain even if counsel's advice had been correct. Did the Eleventh Circuit exceed its subject-matter jurisdiction by denying a certificate of appealability based on its assessment of the underlying claim's merits? : Question 2 Section 2255(b) and controlling decision authority require the district court to conduct an evidentiary hearing when a § 2255 movant's allegations——if proven——would entitle the movant to relief. Mr. Gish alleged his attorney misadvised him about the nature of the crime and the trial strategy. Further, Mr. Gish stated if he had been correctly informed about the nature of the crime or the strategy to be employed, then he would have accepted the offered plea bargain, and pleaded guilty. Nonetheless, the district refused to conduct an evidentiary hearing. Despite the district court's departure from governing authority, the Eleventh Circuit did not grant a certificate of appealability. Would jurists of reason have found debatable the district court's refusal to conduct an evidentiary hearing? -i Question 3 This Court holds that a constitutional challenge to the validity of a statute cannot be waived by a knowing and voluntary guilty plea. Class v. United States, 138 S.Ct. 798 (2018). Mr. Gish went to trial, he never waived the right to challenge the statute's constitutionality. But his attorney failed to raise the claim on direct appeal. The district court denied the claim as procedurally defaulted. The Eleventh Circuit refused a certificate of appealability. Can a facial challenge to the constitutionality of a statute can be procedurally defaulted? ‘ Question 4 The constitution guarantees every person due process of law, which entails both fair notice and a meaningful opportunity to be heard. The Eleventh . Circuit's staff attorneys and clerks, in applying the local rules on applications, foreclosed any opportunity for Mr. Gish to be heard. When a federal court's staff denies a party an opportunity to be heard, due process of law is violated and its judgment is void. Should the Eleventh Circuit reopen the proceedings and allow Mr. Gish to be heard? -ii : .